Settlement Negotiations

Considering the sheer number of lawsuits filed across the nation everyday you might be surprised to learn that the vast majority of suits opt for a private settlement rather than completing the litigation process. While it is most beneficial for parties to settle their case before it actually goes to trial, mostly due to the costs that are incurred by such an action, a dispute can be settled by the parties involved at any point in the litigation process. Settlement actions are also surprisingly flexible; they rarely assign formal blame to either party and a settlement can also be worded to resolve only a specific portion of the complaint, leaving the rest to be determined by the court. Perhaps the greatest benefit of all is that a settlement in a civil case is solely the decision of the people involved, you can work to find a solution that best fits you, rather than leaving it in the hands of the court.

Settlement vs. Litigation

When considering a civil suit many people underestimate the cost of such an action in the heat of the moment. Pursuing a lawsuit to its completion, even a simple case, will usually push your legal expenses into the tens of thousands, not to mention the time investment. The litigation process is beholden to the time table of the courts meaning that it usually takes months, if not years to reach a resolution. Settlement, on the other hand, can be relatively quick. If time is something that you simply don’t have, settling your complaint is likely the best option for you.

Additionally many people do not realize that the state has provided resources to encourage settlement. In Nevada, The Senior Settlement Judge program provides actual judges who can sit down with the parties involved, along with their counsel, in order to help them reach a compromise and resolve their dispute. Finding a way to settle a civil suit before it has been formally filed is often the best decision both parties can make, but you’ll still need the right professionals on your side to protect your interests and fight for your the best possible outcome.

I want to settle, so why do I still need an Attorney?

While the settlement process is much simpler than full blown litigation, it is still a good idea to bring your own representation to the table. An attorney has more to offer than simply posing the threat of legal action in the absence of a fair settlement; a good attorney has a wealth of experience and knowledge by which they can evaluate your case and the potential for fair settlement. Your attorney will also be a key component in reaching the most equitable settlement possible. Careful negotiation is a huge part of an attorney’s education and experience which allows them to carefully assess the strengths and weaknesses of your opposition while building a claim on your behalf.

At the end of the day, settlement is always the client’s decision, but having an attorney evaluate the case from an outside perspective can prove surprisingly beneficial. Sometimes, all the parties involved need is a fresh perspective in order to determine whether settlement is actually the route that’s right for them.


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