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In litigated cases, clients deal with myriad uncertainties. How can we help them make informed decisions about whether to litigate or whether to settle?
We first need to understand our clients’ approach to decision-making. Are they methodical, such as an insurance adjuster who has evaluated a case according to a specific risk analysis protocol? Are they driven by emotions, such as a husband who sues for defamation solely to prove to his wife that he didn’t do the derogatory things the newspaper published? As a litigator and a mediator for the past 25 years, I’ve observed that clients often cling to a single way of thinking about their case. When their thinking gets stuck, it becomes difficult for them to evaluate their case from different perspectives.