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Damage Assessment and Settlement Research provides counsel with a powerful empirical tool for approaching the settlement process. The research identifies the range and probability of damages, together with the facts and issues driving the damage award. LitStrat consultants work with counsel in the development of overall settlement strategy, ensuring that the settlement offer is no more than necessary.
In the event the case moves towards trial, counsel is alerted to the pivotal case issues early in the preparation process. LitStrat consultants work with counsel using the findings of the research to help prioritize discovery efforts and overall trial preparation.
Damage Assessment and Settlement Research begins by recruiting four groups of ten to twelve jurors, or in the case of a bench trial or arbitration panel, a group of three former judges. Each group is presented with a summary of the case from both the plaintiff and defense perspectives. The panel then deliberates to a verdict. Counsel is invited to observe the discussion through a one-way mirror. Deliberations are videotaped for subsequent analysis by LitStrat staff.
After the group has reached a verdict, a LitStrat consultant queries the group in order to clarify arguments, and to ask additional questions as requested by counsel.
LitStrat consultants analyze the outcome and develop recommendations for approaching the settlement process.