A “settlement” refers to any agreement between the parties as to a particular aspect or the entirety of a dispute. A “settlement” is what is reached in mediation. A “settlement” is what is agreed to by the parties after having filed an arbitration or a lawsuit, and which takes the matter away from the arbitration forum or the court for final resolution. It is merely an agreement and accord reached between the parties, which disposes of and eliminates a particular area or all areas of dispute.
Our Approach To Settlement
This topic is included on our website in order to address certain misunderstandings that may be held by potential clients, and to set forth certain perspectives and practices of this firm.
In the majority of cases selected for representation by our firm, we will recommend making an initial attempt to reach a settlement with the opposing party be made. This may take the form of a settlement demand letter to the opposing party or its legal representative, or may be done by means of a telephone call.
We do not file a lawsuit or a claim for arbitration if our client merely wants to encourage or facilitate a settlement. We litigate or arbitrate only those claims which we believe have a high probability of success, and which we and our clients are prepared to follow through to conclusion.
We do not draft or prepare settlement demand letters for cases which we do not believe are meritorious, or for cases we have not accepted for representation by the firm. We do not file claims in order to settle them; we file claims if and because we have not been able to settle them.
It is our experience that settlements are made, before or at any stage during a pending lawsuit or arbitration, when two things occur: when both of the parties are motivated – by whatever facts and circumstances are present in their own lives – to settle; and when both parties have obtained sufficient knowledge and understanding of the case in order to competently estimate its likely result. It is our experience that settlements occur more frequently and earlier in a case the more ethical, experienced and competent are the party and its legal representative on the other side.