Never Split the Difference? Is the FBI right in saying it’s a cop out?
Does this FBI advice never to split the difference work for civil disputes?
Menu
Menu
Join disputes lawyers at leading firms who are using SettleIndex to make better decisions, increase client satisfaction and manage risks
Lever your legal skills and experience to value complex cases, identify settlements and chart the best course.
Manage expectations, align with your clients and impress the CFO by translating your professional advice into numbers.
Keep valued clients, demonstrate proper risk advice and help your firm share and get better with experience.
SettleIndex enables you to create a logical map of the issues in your case and model the financial impact of potential outcomes. Using your judgment of how likely outcomes are to occur, we then help you understand what the case is worth based on the principles of decision analysis.
Understanding what the case is worth to you is the first step in identifying a reasonable settlement value. However, SettleIndex enables you to go further and reflect how you believe your opponent may be viewing the case, which helps identify settlement ranges between parties based on the risk to each side.
SettleIndex stores structured data on cases, which can be a valuable source of reference for future disputes and creating a range of insights – from how well lawyers are able to forecast settlement values to when is the optimum point to settle a dispute.
SettleIndex depends on your experience and gut feel to work out the value of cases; but helps you and your colleagues do it better and more transparently.
SettleIndex enables you to create a clear cost/benefit analysis of different courses of action to help demonstrate whether continued litigation or settlement is most beneficial.
Once a case is formatted into a financial model it becomes difficult to argue with the output. SettleIndex help you manage client expectations around potential recovery, risks and costs.
SettleIndex converts legal advice into financial models, enabling you to back up your advice with financial analysis.
Routinely modelling cases in SettleIndex will give clients a repeatable experience and a feeling of control and purpose. Our Case History feature allows you to quickly identify where cases are diverging from their planned path.
SettleIndex tracks how the potential settlement value of a dispute changes over time. Comparing the actual eventual settlement with assessments of the case at various stages can help identify how cases typically progress against forecasts.
Taking your client through a considered risk model will be strong evidence that you have given your client proper advice about risk. Whether your advice is to reject or take a settlement offer, basing it on a well constructed financial valuation is fundamental to discharging your duty.
SettleIndex enables you to track how cases are progressing with visual dashboards and reports, helping you understand, visualise and communicate at what point settlement may be a better outcome than continued litigation.
SettleIndex enables you to create a logical map of the issues in your case and model the financial impact of potential outcomes. Using your judgment of how likely outcomes are to occur, we then help you understand what the case is worth to you based on the principles of decision analysis.
Understanding what the case is worth to you is the first step in identifying a reasonable settlement value. However, SettleIndex enables you to go further and reflect how you believe your opponent may be viewing the case, which helps identify settlement ranges between parties based on the risk to each side.
SettleIndex stores structured data on cases, which can be a valuable source of reference for future disputes and creating a range of insights – from how well lawyers are able to forecast settlement values to when is the optimum point to settle a dispute.
SettleIndex depends on your experience and gut feel to work out the value of cases; but helps you and your colleagues do it better and more transparently.
SettleIndex enables you to create a clear cost/benefit analysis of different courses of action to help demonstrate whether continued litigation or settlement is most beneficial.
Once a case is formatted into a financial model it becomes difficult to argue with the output. SettleIndex help you manage client expectations around potential recovery, risks and costs.
SettleIndex converts legal advice into financial models, enabling you to back up your advice with financial analysis.
Routinely modelling cases in SettleIndex will give clients a repeatable experience and a feeling of control and purpose. Our Case History feature allows you to quickly identify where cases are diverging from their planned path.
SettleIndex tracks how the potential settlement value of a dispute changes over time. Comparing the actual eventual settlement with assessments of the case at various stages can help identify how cases typically progress against forecasts.
Taking your client through a considered risk model will be strong evidence that you have given your client proper advice about risk. Whether your advice is to reject or take a settlement offer, basing it on a well constructed financial valuation is fundamental to discharging your duty.
SettleIndex enables you to track how cases are progressing with visual dashboards and reports, helping you understand, visualise and communicate at what point settlement may be a better outcome than continued litigation.
Take advantage of our highly-secure AWS infrastructure or deploy SettleIndex in your own cloud or data region.
Get immediate support on complex disputes from our litigation risk experts, utilised by some of the world’s leading law firms.
Valid in all legal jurisdictions and can accommodate local legal practice.
Independently audited and compliant with international information security standards.
Get help in real time with live chat support included on all plans.
Does this FBI advice never to split the difference work for civil disputes?
It is a cliche of decision tree analysis (and a true one) that what you have already spent in pursuing or defending a claim is not relevant to evaluating its settlement value. If you must sink costs, be seen to sink them wisely!
How Settleindex could have saved $300,000 and 8 months!
This case study shows how SettleIndex can reduce the cost of resolving disputes.
Knowing your own position is not enough. In this short article we explain how the Settle Chart works and how you can use Opponent Values to identify the shared Settlement Position.
BIICL guidelines for Resolution of Disputes include to carry out an objective assessment of the dispute, narrow the issues and to engage in ADR wherever possible. These recommendations are well served by the use of SettleIndex.
Calculating the value of an uncertain event, such as the Outcome of a Trial, is an established branch of mathematics. Now, with its new Casebot, SettleIndex has for the first time made it easy for any lawyer to use scientific principles for estimating the settlement value of disputes.
Book a short demo with our team to find out more about SettleIndex and what it can do for your organisation.
Get in touch with us today if you want to learn more about SettleIndex or arrange a meeting.
© SettleIndex Ltd.