Litigation Newsletter: Three Stages Of Escalation – Part 2

How are out-of-court negotiations successfully tackled? In the current newsletter, Stefanie Rigaux and Aleksandar Stanisavljevic show what considerations need to be made and give practical tips.

Agreement Outside of Legal Proceedings

If a conflict arises, attempting to reach an agreement outside of and before the initiation of legal proceedings is worthwhile in most cases. Regardless of the outcome of the settlement discussions, the mere fact that such discussions were held always provides a better and more accurate picture of the needs of the opposing party, their strategy and line of argumentation, as well as the actual circumstances. The parties involved often submit documents as part of the out-of-court settlement discussions, which can be valuable during a later assessment of the prospects of a lawsuit. In addition, initial concessions are usually made, naturally without prejudice, and consequently the parties learn which points the opposing party considers