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What Is Your Case Really Worth? A Mediator's Approach to Smarter Settlements

Imagine your client calls, eager to file suit. Your trial team sees five key hurdles: obtaining favorable evidence in discovery, surviving a motion to dismiss, defeating summary judgment, winning a jury verdict and prevailing on appeal. They assure you the chance of overall victory is excellent, as they estimate a 75% likelihood of success at each step. What should you do?

In reality, your odds of prevailing are less than one in four. Multiplying the probabilities (0.75 x 0.75 x 0.75 x 0.75 x 0.75) yields only a 24% chance of success. A tool known as risk analysis (or decision tree analysis) reveals these insights and guides smarter decisions in negotiation and mediation. 

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Imagine your client calls, eager to file suit. Your trial team sees five key hurdles: obtaining favorable evidence in discovery, surviving a motion to dismiss, defeating summary judgment, winning a jury verdict and prevailing on appeal. They assure you the chance of overall victory is excellent, as they estimate a 75% likelihood of success at each step. What should you do?

In reality, your odds of prevailing are less than one in four. Multiplying the probabilities (0.75 x 0.75 x 0.75 x 0.75 x 0.75) yields only a 24% chance of success. A tool known as risk analysis (or decision tree analysis) reveals these insights and guides smarter decisions in negotiation and mediation. 

Full article below:

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