At the 23rd mile of the Boston Marathon, runners hit what is known as “The Wall,” also known as “Heartbreak Hill.” Champions break through the “wall,” while others are unable to finish. So it is with settlements, which “hit the wall” or reach an impasse, where the other side has a seemingly intractable position, and the client is unable to see the “forest for the trees.” This article demonstrates techniques that might be used by lawyers to convince or persuade the client or the other side to settle, because it is in their best interest to do so.

1. Understanding How the Brain Works. Convincing parties to settle requires some understanding of how the human brain works. Neuroscience tells us that we should be focused on the pre-frontal cortex or the “judgment center” of the brain. Other parts of the brain deal with emotions. So the first rule of settlement is to recognize the difference in these parts of the brain, while focusing on good, objective judgments or facts, as opposed to judgments that are based upon subjective emotions such as revenge, anger, and hate, which are, of course, personal.

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