Negotiation by Design: Why Writing Beats Talking by Cayce Lynch

Negotiation by Design: Why Writing Beats Talking by Cayce Lynch

Carrier Management – January 23, 2026

In the modern litigation environment, negotiation is no longer a soft skill. It is the dominant process by which 99% of litigated claims resolve. This reinforces the importance of mechanics—the actual “how” of the negotiation process. How often do we hear comments lamenting claim professionals’ and defense counsel’s reliance on email, often with the sentiment that “we just need to pick up the phone” to get cases settled? This is only part of the story….

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