Skating to Where the Puck Will Be: Exploring Settlement Counsel and Risk Analysis in the Negotiation of Business Disputes

Saskatchewan Law Review 76(2)

21 Pages Posted: 23 May 2018

See all articles by Heather D. Heavin

Heather D. Heavin

University of Saskatchewan

Michaela Keet

University of Saskatchewan College of Law

Date Written: 2013

Abstract

The infusion of ADR into legal training has been shaped by its ‘alternative’ identity, bringing with it a tendency to reinforce schisms: rights or interests, adversarial or collaborative approaches, litigation or settlement. "Either-or thinking" served its purpose in the early years but falls short especially with large-scale business files, where litigation looms and sophisticated clients expect multiple-pronged protective strategies. This article explores ways that settlement-oriented lawyers must function inside (rather than reject) the litigation regime. In particular, it introduces the author’s empirical study of two developments in the realm of business litigation: the “settlement counsel model” and the employment of litigation risk analysis methodologies. These developments are located within the larger theoretical frame for the lawyer's work, examples of unbundled legal services and "planned early negotiation”.

Keywords: settlement counsel model, employment litigation risk analysis methodologies, planned early negotiation

Suggested Citation

Heavin, Heather D. and Keet, Michaela, Skating to Where the Puck Will Be: Exploring Settlement Counsel and Risk Analysis in the Negotiation of Business Disputes (2013). Saskatchewan Law Review 76(2). Available at SSRN: https://ssrn.com/abstract=3148685

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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