Despite what they may say about litigation, companies do not want to be dragged kicking and screaming to into lawsuits; especially when they believe that the suit is an organized form of bullying or exploitation. Nevertheless, in today’s business climate, this tends to happen; and if it happens to your business, it is helpful to be prepared for the process.
Indeed, having a good attorney is part of being prepared, but knowing how the process works, especially in terms of settlement conferences is key. This post will highlight a few do’s and don’ts for settlement conferences with the court.
Leave your personal feelings aside – Many times you may hear that a person wants to defend a lawsuit (or pursue one) on “principle.”The commonly means that they feel that they have done nothing wrong or are being exploited. While these feelings may be valid, they may not be helpful when it comes to reaching a settlement.
Be realistic about the impact on your business – In essence, be wary of a “nuisance calculation,” meaning that you should understand how much the cost of litigation may be compared with the cost of being “right” when a judge decides the case.
Know the role of your attorney – Your lawyer, in settlement conferences, plays the role of advisor instead of the role of advocate. So be confident in he or she asking questions about your feelings about litigation and how it may affect your bottom line, as these are things that you will have to make decisions about going forward.
If you have additional questions about settlement conferences, an experienced attorney can advise you.