Legal Analysis
Not Every Settlement Is a Concession
Settlement is sometimes viewed as a retreat from one’s rights, although in some cases it may be the strongest legal decision. Litigation is not an end in itself, and a judgment is not always the best result available. A rights-holder may have a strong legal position,
- Author
- Lawyer Omar Al-Baghdadi
- Published
- Read time
- 1 minutes
- Updated
Not Every Settlement Is a Concession
Settlement is sometimes viewed as a retreat from one’s rights, although in some cases it may be the strongest legal decision.
Litigation is not an end in itself, and a judgment is not always the best result available.
A rights-holder may have a strong legal position, yet face evidentiary risks, lengthy proceedings, or difficulties with enforcement. If it is possible to reach a settlement that preserves the substance of the right, brings the dispute to an end, and converts an uncertain outcome into a clear and enforceable obligation, settlement may then be the wiser choice.
A successful lawyer does not ask only:
Can we continue with the case?
The lawyer also asks:
What will we achieve if we continue, and what can we secure if we settle?
A considered settlement is not necessarily a concession in strategy...
It may be the success of the strategy itself.
— Omar Al-Baghdadi