Litigation Strategy and Case Evaluation
Strategy and Planning
The approach identifies matters where the expected outcome does not justify litigation expense and resolves them before discovery. It requires early evaluation and appropriate settlement authority.
It is distinct from resolving without evaluation.
Alternative Names:
Early Settlement Strategy|Early Disposition Strategy
Why it Matters?
Early resolution requires early evaluation, and settling without assessment produces overpayment on claims that investigation would have defeated, which is the failure mode that gives the approach a poor reputation. Screening for defenses that dispose of the claim before opening settlement discussions is the discipline. Reputational effects on future claim volume are frequently cited but the empirical support is mixed.
Frequently Confused with
Related terms
Frequently asked questions
What is the failure mode?
What discipline prevents it?
