ZOPA

Submit bottom line position confidentially to assess whether there is a ZOPA.

Cases Form

All fields are required

I declare that I have carefully considered this matter and am providing my client’s true bottom line position on a confidential basis to determine whether there is a Zone of Possible Agreement.

This should be an all-in new money amount.

I understand that even the mediator will not know my actual number (unless both sides choose to disclose their numbers).

Optional Questions for Additional Assistance

If both sides wish to confidentially reveal their settlement position to the mediator, the mediator may be able to provide additional assistance. For example, the mediator can advise parties if they are close or facilitate negotiations.

Do you want the mediator to know your actual number?
Do you want the mediator to know the monetary difference between the offers in order to assess whether you are close?
Do you want the mediator to know the % difference between the offers in order to assess whether you are close?

You will be advised whether or not there is a Zone of Possible Agreement.

Start Over

This form will help you quickly and confidentially assess whether there is a Zone of Possible Agreement (“ZOPA”).

What is a ZOPA?

There is a Zone of Possible Agreement when the parties’ settlement positions overlap providing for a settlement range that is acceptable to both parties. For example, if the Plaintiff is willing to accept an amount as low as $100,000 and the Defendant is willing to pay an amount as high as $105,000, there is a Zone of Possible Agreement between $100,000 and $105,000.

Why would I use a confidential ZOPA calculator?

Often, parties maintain positions in direct settlement negotiations that are far removed from what they expect a case to settle for. There is a disincentive to revealing true positions to each other because it may impact future negotiations if the case does not settle. Parties worry that their bottom line will become a ceiling and they will be required to make further concessions. This Zone of Possible Agreement tool allows parties to honestly and confidentiality assess whether there is a reasonable zone for agreement without taking any of the risk associated with revealing their true bottom-line position to the other side or even to the mediator. The ZOPA calculator provides useful information that can assist the negotiation process. 

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