The Case Against Settling Early: The Substantial Upside to Taking Cases to Trial
This article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
October 24, 2022 at 10:00 AM
8 minute read
As litigation counsel to mid and large-sized corporations, we are often asked whether to settle a case or take it to trial. On a micro level, the reasons to settle are many. For any given case, settlement is often quicker, cheaper and confidential. But for corporate clients managing large defense dockets, particularly ones that include contingency-driven personal injury cases, employment disputes and consumer class actions, there are big picture benefits to taking some cases to trial.
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