Negotiation and Settlement

Settlement occurs when parties negotiate and agree to do or not do certain things instead of going to trial. This is usually far less expensive than going to trial, and the parties will control the result.  A judge’s decision may not be predictable, but it is binding. Sometimes it is best for a client to have a judge or other neutral decision-maker choose the end result, yet often clients like to have more control over the outcome.

Negotiation and settlement are often cost-effective ways to resolve a problem. Although the parties may compromise their opportunity to sue, they will be better able to manage their own risks and costs.

These processes can happen at any stage of litigation with the willingness of the parties. Attempts to settle can be made at any time and are common after an initial gathering of information. Even immediately after a client has received notice that he or she is being sued and before responding in similar fashion, the parties may reach an agreement and avoid incurring any more costs altogether.