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.