Litigation Risk Analysis: Using Rigorous Projections to Encourage and Inform Settlement

Journal of Arbitration and Mediation, Forthcoming

21 Pages Posted: 29 Mar 2018

See all articles by Heather D. Heavin

Heather D. Heavin

University of Saskatchewan

Michaela Keet

University of Saskatchewan College of Law

Date Written: August 1, 2017

Abstract

In response to widespread concerns about litigation costs and ‘access to justice’, lawyers generally accept that assessing risk is an inherent dimension of their work. Many still prefer, however, vague and imprecise conversations about litigation risk. This paper presents the results of an empirical study, exploring lawyers’ experiences with risk assessment approaches and tools. It identifies challenges and ‘turning points’ as lawyers wrestle with risk projections. It also outlines a simple, practical framework for guiding litigation risk analysis. A lawyer who is well-rooted in the foundations of the risk assessment task will, we suggest, be better able to provide full and transparent assessments - to the client, and even to a mediator who may be facilitating settlement conversations.

Keywords: access to justice, litigation costs, framework for guiding litigation risk analysis

Suggested Citation

Heavin, Heather D. and Keet, Michaela, Litigation Risk Analysis: Using Rigorous Projections to Encourage and Inform Settlement (August 1, 2017). Journal of Arbitration and Mediation, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3148676

Heather D. Heavin

University of Saskatchewan ( email )

College of Education
Saskatoon, Saskatchewan S7N 5A7
Canada

Michaela Keet (Contact Author)

University of Saskatchewan College of Law ( email )

Saskatoon, SK
Canada

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