As the adage goes, “A good settlement is one in which neither party is happy.” Parties in construction disputes need to adjust expectations and how they approach settlement discussions by honestly assessing their exposure. This presentation addresses the nature of disputes, the uncertainty of litigation outcomes, and the psychology and strategy of assessing exposure when evaluating a dispute.
Fair and transparent dealings help each party to justify positions, establish entitlement and better anticipate outcomes. Avoiding emotionally charged issues, focusing on key elements of the dispute, and considering non-monetary interests all contribute to successful settlements and projects. By avoiding biases and providing an objective evaluation of the facts, attorneys and clients can achieve a settlement to successfully resolve a dispute, and avoid the uncertainty, cost, time and distraction associated with disputes that are resolved through arbitration or trial.