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Winning Arbitration and Litigation Through Preparation

December 5, 2023 | Michelle Hudicourt

At what point should you know the strength of the claims in your case? As soon as possible. Understanding the quality of the claims early can save clients money, aid in determining how much to accept as settlement, and avoid unwanted surprises at the eleventh hour.

 Litigation and arbitration can be time consuming and costly endeavors. Preparation through analysis of the claims is essential to avoiding the pursuit of unwinnable lawsuits. Proper investigation of the claims prior to filing a complaint or a demand for arbitration can also allow for potential pre-suit settlement of claims, averting inefficient use of time and expenses for providers.

Mediation and other settlement discussions can be more meaningful if the claims have been sufficiently analyzed beforehand. Before settling, providers should have an accurate picture of how much the case is worth, both as a negotiation tool and to determine what they are willing to accept. Alternative dispute resolutions prior to a trial can be useful, but preparation ahead of time is important to know how much can realistically be recovered at trial.

Trial outcomes can be unpredictable even for the most prepared attorneys, but for attorneys who have not adequately valued the strength of the claims, trial prep may be the first time they realize the award may not be as high as initially expected. Laying the groundwork well before trial preparation begins allows for a more streamlined process, a clearer picture of what can be achieved, and a succinct argument at trial.

Preparation is an essential element of effective litigation and arbitration, and cognizance of the facts of the claims at issue enables better strategic decisions and organization.