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The outcome of litigation is always uncertain. Different cases have different prospects of success, some have much greater prospects than others, but there are never any guarantees.
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The outcome of litigation is always uncertain. Different cases have different prospects of success, some have much greater prospects than others, but there are never any guarantees. Pursuing litigation could be characterised as a bet that a judge will find in your favour. In most cases the outcome of a trial is binary; you either win or you lose; and it costs significant time and money to find out which. In almost every case there is scope to settle before reaching trial. And the courts increasingly expect the parties to try to do so. Now, more than ever, it is important to not only have the skill to litigate a claim, but also the skill to settle it. Settling a claim should not be seen as giving up or as weakness. It is about having the skill to achieve an early exit from expensive and time consuming litigation with a settlement that is extremely beneficial. - How to get yourself in the best position from the outset
- What is the best forum/means for exploring settlement?
- Working out the present value of a dispute
- Is horse trading the only way to arrive at an agreed number?
- Creative ways to find a settlement when the numbers don’t work
- Top 3 issues to consider before signing the settlement agreement
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