Settlement Counsel: An Innovative Strategy for the Management and Resolution of Commercial Litigation Files

Canadian Bar Review, Vol. 95, 2017

25 Pages Posted: 23 May 2018

See all articles by Michaela Keet

Michaela Keet

University of Saskatchewan College of Law

Date Written: 2017

Abstract

Settlement Counsel is a negotiation structure that separates litigation and settlement roles allowing for the simultaneous advancement of litigation and negotiation on parallel tracks, by different lawyers. Although widely viewed as successful among its proponents, the settlement counsel model is not yet common in Canada. This article discusses the results of an interview-driven study of a small cohort of lawyers in Canada and the United States, describing the diverse ways that the settlement counsel model has been employed and highlighting its benefits and "resistance points" that have impeded widespread use. Reflections are offered as to how settlement counsel ideals might be used to construct responsive, client-centred approaches in lawyers' work: using client interests as a compass and employing risk assessments, mutual incentives, and accountability for results inside negotiation.

Keywords: settlement counsel model, benefits, client-centred approaches in lawyers' work, client interests, risk assessments

Suggested Citation

Keet, Michaela, Settlement Counsel: An Innovative Strategy for the Management and Resolution of Commercial Litigation Files (2017). Canadian Bar Review, Vol. 95, 2017. Available at SSRN: https://ssrn.com/abstract=3147253

Michaela Keet (Contact Author)

University of Saskatchewan College of Law ( email )

Saskatoon, SK
Canada

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