A firm, but fair approach to the Other Party, enabling the prospects for sensible and constructive negotiation to occur at any time. Past results reflect some of the success of this approach.
Litigation is sometimes necessary to clarify the issues and what is at stake, but this does not preclude the scope to then negotiate a sensible resolution – whether by direct negotiation, mediation or some other form of early neutral resolution.
We act as a mediator, as well as advise and/or represent a party at mediation.
Disputes, let alone litigation, are an adversarial (and often acrimonious) process which can blinker the client and/or their legal team. Sometimes bringing in an independent lawyer, who can objectively assess the matter in the present, provides a fresh perspective on resolution options and strategy.
For the same reasons, it can be more productive to let the litigation lawyers work on the litigation, while appointing a separate lawyer to work in tandem on settlement. This allows the existing team to focus on the litigation and trial preparation, while a lawyer independent of the litigation advises on settlement options, strategy and implementation – whether by direct negotiation, mediation or other ADR process.