Sometimes parties hire an attorney specifically to settle a case, especially in civil matters. This settlement counsel advocates for the client using whatever procedures are appropriate, ranging from negotiation to advocacy in mediation to working on settlement options side by side with litigators who are aggressively prosecuting or defending a case. In the right cases, this enables clients to protect and assert legal rights while seeking to resolve the matter cooperatively.
Appropriate cases include:
· Cases involving complex mixtures of personality and finances
· Cases for which litigation might not be cost-effective
· Cases that should settle, but for which settlement is elusive
· Cases in which adding an additional negotiator might change a “stuck” dynamic
· Cases in which adding someone with alternative dispute resolution experience to the mix might help the parties break an impasse
· Cases in which a client could use help managing total dispute costs, which may include both settlement and litigation management
If you are headed towards or in litigation, consider whether a new party in the mix might help you and your litigation counsel come up with creative solutions to breaking the logjam.