“No.” At the bargaining table, that’s the most powerful word in the English language. Although in-house counsel may desperately want to say “no” to a high settlement demand from an employee-turned-plaintiff, defense costs can force a company to settle for nuisance value. Getting a handle on those costs can empower a company to do the right thing.
A solid dispute-resolution system—whether it’s an arbitration policy fortified with some key provisions or a plain old jury waiver—is key to taming even the most ferocious defense costs. Enforcing a lean mentality among litigators is the final step in crafting a company’s winning strategy.
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