There are several strategies to use when trying to negotiate to the other side’s needs.

First, consider whether the information that you want to communicate will be important to the other side.   Next, ask yourself why?  Why would the other side need this information?  Is it to help with the damages, to change their mind, help them understand the facts?  Then, you need to ask yourself how this information will benefit the other side? Will the information change liability, alter damages, or change causation analysis?  Or is this information only important to you but insignificant to the other side?

Second, unfortunately many negotiations are a zero sum game—meaning that if one side does better the other side does worse.  In those competitive situations where no continuing relationship will exist, the other side might care that you are having extra difficulties.  In fact, sometimes they might secretly enjoy the fact that you are suffering.  Take for example a hostile divorce.  Frequently, one spouse fights with the other solely because he or she knows that the other spouse will get upset over the fight.

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