How do you prepare for settlement discussions?

How do you prepare for settlement discussions? With over 90% of cases settling before trial, we would expect litigators to place substantial emphasis on settlement preparation.

Many litigators take the approach that preparing and developing issues for litigation/trial is tantamount to preparing for settlement discussions. It is true that understanding your trial position (strengths and weaknesses) will strengthen your settlement position. That’s because developing a strong no deal option (i.e., going to trial) allows you to realistically ask, and ultimately settle for, more in settlement discussions. But preparation for settlement discussions goes well beyond strengthening your no deal option. While litigators may use a strong walk away position as a pillar of their settlement strategy, a strong walk away position alone is not a complete strategy.

Many things go into preparing for settlement discussions. That preparation should be as thorough as preparing for trial itself. If you find yourself facing settlement discussions and feel that a review of your preparation method would be useful, reach out to Marc Menkveld for a discussion.

To learn more, or to get a conversation started, please contact Marc Menkveld at marc@menkveldlaw.com.