Negotiate, Rather Than Litigate?

Abstract

If men would consider not so much wherein they differ, as wherein they agree, there would be far less of uncharitableness and angry feeling.

—Joseph Addison (1672–1719) English essayist, poet and politician

Rodney King could not have said it better. Certainly there is much to commend for choosing negotiation (and compromise) over trench warfare, where there is room to maneuver on all sides. Showing up before the final administrative decision maker as a chorus singing Kumbaya greatly enhances the chances of approval by the elected or appointed body and controls the downside risk of prolonged and uncertain warfare in the courts. Yet, there are pitfalls to being too agreeable.