Is a litigated result the only winning exit strategy?
Focus brings results. We have developed an approach we know assists our clients in better understanding the dynamics of what it will take to resolve their challenge. Aggressive Resolution Management™ is a foundation for dispute analysis and resolution planning designed to define and maintain focus on the optimal exit strategy. We know from experience that in some cases the only reasonable exit strategy is a trial.
The Traditional Landscape:
While it is most often essential to aggressively press your case, a trial to the bitter end is rarely the best solution.
Trials are expensive and results are difficult to predict. Discovery, motion practice, trial dockets and appeals are disruptive and assure delays.
We consistently see exploration of resolution put on the back burner while the litigation war wages on. If a negotiated resolution is the likely result in almost every case – why is there not more focus on the likely outcome?
Is exploring resolution options really a sign of weakness – or it is simply smart business?
The Challenge:
Can you explore resolution without undermining your litigation leverage?
Of course you can – but it is critical to know what you need, focus appropriate resources and be positioned to take advantage of resolution opportunities.
Trial attorneys, and clients, are rightly concerned about communications that might send the wrong message – that may be seen by the other side as a sign of weakness in their position or their willingness to litigate.
It is never a question of whether you should explore resolution – it is a question of how you go about it.
The more at stake – the more important it is to be certain that a realistic risk assessment has been done and discussed.
The Solution:
We serve as our client’s resolution advocates.
We overcome adversarial bias, open the door to productive negotiations and expedite the exchange of information the parties need to make business decisions.
We advocate for a resolution as a matter of smart business, not out of fear of a litigated result. We work closely with trial counsel and our client to help ensure our client’s legal leverage is enhanced.
A negotiated resolution is, of course, voluntary. No one is forced to agree. For over 20 years we have consistently created an environment where resolution options are productively explored.
The result? True alignment among client, trial counsel and settlement counsel – ensuring we are all on the same page as we build the exit strategy.
The results speak for themselves.