How to Evaluate Litigation Risk Before Hiring a Mediator
Before deciding whether to settle or proceed to trial, it is critical to evaluate litigation risk. This article explains a practical framework based on the Harvard Negotiation Model to help parties assess their best, worst, and most likely outcomes if a case continues. By examining BATNA (Best Alternative to a Negotiated Agreement), applying objective legal standards, and engaging in structured reality testing, individuals can better understand the true costs and uncertainties of litigation. The article also highlights overlooked risks such as attorney’s fees, delays, credibility issues, and appeal exposure. When parties clearly understand their litigation risk, mediation becomes a strategic tool for resolving disputes efficiently, preserving resources, and maintaining control over the outcome.!
