SETTLEMENT COUNSEL
There is a point in some disputes where everyone understands the economics. Everyone understands the risk. Everyone understands how long litigation can continue. And the matter still does not resolve. That is often not a legal-information problem. It is a trust problem. A communication problem. A process problem. Or a problem created because the people trying to settle the case are still required to litigate against one another the next morning.
Settlement counsel changes the architecture.
McCabe Kent’s Settlement Counsel practice is designed for sensitive, high-value matters where traditional litigation dynamics have become an obstacle to resolution. We bring an independent strategic perspective to the dispute and help create a process in which the parties can evaluate risk, interests, timing and potential resolution without surrendering their underlying positions.
Resolution is not weakness.
Sophisticated organizations do not measure success by how long they can litigate. They measure it by outcome. Sometimes trial is necessary. Sometimes the most strategic decision is finding a path to closure before another year of cost, discovery, exposure and uncertainty compounds the problem. The objective is not settlement at any price. It is resolution on terms that make sense.
THE QUESTIONS LEADERS ASK US
What is settlement counsel?
Settlement counsel is legal counsel focused specifically on evaluating and pursuing potential resolution of a dispute, sometimes alongside separate litigation counsel handling the underlying case.
Why use separate settlement counsel?
In some matters, separating settlement strategy from active litigation can create a different communication process and allow the parties to evaluate resolution without changing the litigation team’s role.
Does hiring settlement counsel mean a party does not intend to go to trial?
No. Exploring resolution and preparing for litigation are not mutually exclusive. The appropriate strategy depends on the matter, the client’s objectives and the available paths to resolution.
When can settlement counsel be useful?
Settlement counsel may be useful in complex, sensitive or high-value disputes where negotiations have stalled, communication has become difficult or leadership wants an independent assessment of potential resolution.