Litigation Analysis – Our Process
Whether it is assessing the value of a legal claim, optimizing the settlement bargaining process or quantifying claim risk, our analytic process begins where litigation analysis ends. Litigation analysis provides a detailed expert assessment of legal prospects and trial expected value. It is an important input to our own process. But as vital as it is, litigation analysis is just a beginning.
Litigation analysis cannot answer questions about claim valuation it merely establishes decision theory limits to the settlement bargaining problem. Litigation analysis does not computationally reckon with the contingent nature of legal claims, it assumes that each case will go to trial. Litigation analysis does not optimize in the presence of trial uncertainty, it averages over uncertainty to compute an expected value. And litigation analysis does not factor the bilateral nature of the dispute. Rather, each litigant’s expected value is a unilateral consideration.
Quantitative Settlement Bargaining Analysis
For SettlementAnalytics™, litigation analysis is an input to a broader economic examination of the problem. We coin the term, Quantitative Settlement Bargaining Analysis™ or QSBA™. QSBA is equally relevant to the analysis of both legal conflicts and disputed insurance claims. An overview of QSBA is provided here.
Our analytic process, therefore, operates inside a framework of quantitative settlement bargaining analysis. That is, we examine disputes in their native habitat of potential settlement rather than looking only at trial. [More …]
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