Practice Areas

Pre-Litigation Negotiation

Assessing rights, preparing discussions, and negotiating settlements before proceedings begin.

When we can help.

Before proceedings begin, there may be room to clarify positions, organize negotiations, and assess settlement options. Legal counsel considers that opportunity alongside deadlines, evidence, and any measures the case may require.

  • Responding to a contractual disagreement or payment demand.
  • Organizing the history of communications and documents relating to a relationship.
  • Assessing proposals and terms for a potential settlement.
  • Formalizing an agreement with defined obligations and performance mechanisms.

How we work.

01

Understanding the Conflict

Organizing the facts, documents, positions, and objectives involved.

02

Negotiation Strategy

Assessing alternatives, limits, and terms relevant to negotiations.

03

Communications and Proposals

Legal support with notices, submissions, and negotiation documents.

04

Documenting the Agreement

Drafting and reviewing settlement terms and the obligations undertaken.

Preparing negotiations and documenting the agreement.

Preparation identifies the genuinely disputed points, documents to review, and terms of a possible settlement. Notices and proposals should reflect the legal position without compromising the preservation of rights.

If agreement is reached, the written terms should address obligations, deadlines, performance conditions, relevant guarantees, and consequences of default. The scope of any release and the means of enforcement require case-specific assessment.

Whether a settlement is appropriate depends on the legal analysis and objectives involved. Mediation may be worth considering when suitable. If no agreement is reached, the preparation helps assess other options, including arbitration or litigation, as appropriate.

Meet the partners.

Gustavo Santos de Almeida and Fernanda Trindade dos Santos de Almeida lead the firm. They take part in case assessment, strategy development, and oversight of each engagement.

Meet the Partners