In most disputes today, parties are choosing to settle rather than take their chances in court. ‘Rolling the dice’ is an apt metaphor—taking a case to trial is a gamble. However, using litigation risk modeling systematically can lead to the best overall settlement performance across a portfolio of cases.
A challenge, however, is that lawyers tend to be biased in favour of their own cases. This means (and our experience confirms) that lawyers on opposing sides rarely agree on a case’s value. The only way to settle a case is for parties to reach a compromise between their respective valuations. With SettleIndex, estimating your opponent’s position is an integral part of the process. This often results in calculating the likely settlement value (and there is often a Win/Win number). It always shows where a compromise is likely available.
Enter Shake. This brilliantly simple concept is designed to facilitate settlements. Parties agree to the terms of the settlement in the event the process leads to a deal, then each party loads batches of three escalating (Defendant) or descending (Claimant) bids into the platform. The software compares the successive bids, and if any set of bids overlaps, Shake splits the difference and the case is settled. The parties only pay a fee if there is a deal.
Given that parties are unlikely to table overlapping bids unless they recognise that the zone of compromise lies somewhere between their respective initial valuations, using SettleIndex in tandem with Shake offers a high chance of quickly reaching a deal.
To show you how effective this is, we are offering for a limited period for parties and their opponents to use both platforms in tandem for £1,800 each (inc VAT). If after using SettleIndex and Shake the dispute does not settle, we will refund the cost in full!
Don’t miss this opportunity to streamline your settlements with SettleIndex and Shake—your ultimate tools for efficient and effective dispute resolution.
