Appoint us as Settlement Counsel to review and clear your litigation book.
Why waste time, mental energy and legal fees
Here is a breakdown of what we can do for you:
Engage with opposing parties with a view to settling cases in accordance with the agreed settlement strategy. This engagement also leads to an improved understanding by the client of the risks and rewards, and to develop an improved attitude towards disputes with particular reference to the economic impact it has on the business.
Work with you the Client to develop overall settlement strategies for your business, taking into account your interest, goals and needs. Such needs could include reducing contingent liabilities on the balance sheet.
Reviewing the status of all litigation with a view to closing files that are dormant, or to finalise the last steps in the litigation to ensure the matters are finalised. (Defendant lawyers are prone to let sleeping dogs lie without taking into account the effect it has on contingent liability on the balance sheet).
Categorize cases to ensure early wins for settlement and manage them proactively.
Advise on the selection of appropriate mediators – as mediators we are in a good space to select the right mediator.
Closely working with the litigation team to ensure co-ordinate actions.
Use mediation as a settlement tool and act as Mediation Advocate in the mediation applying the knowledge gained during the Settlement Counsel interactions.
Settlement Counsel is a partisan advocate for one or more parties, with the goal of getting the most favourable resolution of a dispute on behalf of their client
Settlement Counsel does not serve in a frontline litigation function in connection with the dispute.
While the litigators are lead counsel in the litigation proper, Settlement Counsel is the lead counsel in mediation, settlement meetings, and other negotiation processes and activities. Among other things, Settlement Counsel orchestrates, prepares for, and attends all “settlement events,” including settlement meetings, mediations, and the like.
Settlement Counsel also handles any phone calls or communications with opposing counsel regarding settlement related matters, including emails or correspondence related to settlement and mediation related communications with opposing counsel and with the mediator.
Settlement Counsel specializes in the negotiation and settlement of legal disputes as a non-neutral, partisan advocate.
Settlement Counsel deals only with the negotiated resolution of the case. Specifically, Settlement Counsel is the point person for all negotiation and settlement activities; whether they occur directly between counsel or at a mediation or other platform or setting.
Settlement Counsel develops a strategic negotiation and settlement plan with the client and with litigation counsel and determines the best strategy to obtain those goals by way of a negotiated resolution.
Settlement Counsel is then charged with implementing and executing that negotiation strategy while at the same time and on parallel tracks the trial team executes the litigation strategy.
Our view is that Settlement Counsel should have a deep background in litigation. In addition Settlement Counsel has special training in problem solving, negotiation, mediation advocacy and other related experience and skills.
Settlement Counsel and litigation counsel should have separate and distinct functions, tasks, and roles, each having their own areas of responsibility. To quote an old saying, “We don’t ask our generals to be diplomats nor our diplomats to be generals.”
Of course, while Settlement Counsel and litigation counsel are serving two different functions and separate roles, their work will proceed down parallel tracks with significant cross-fertilization between Settlement Counsel and the litigation team.