Systematic Risk Analysis for Negotiators and Litigators: How to Help Clients Make Better Decisions

John Wade, Bond University

Abstract

This article will set out: • What is a written risk analysis • Reasons why such a document is essential for any negotiator, or for any disputant who is considering ending negotiations, or undertaking “litigotiation” • Reasons why such documents currently appear to be uncommon in many legal cultures • Examples of the use of risk analysis prior to negotiation and mediation • Precedent forms to assist a client or lawyer to prepare a risk analysis