Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most complex commercial litigation, the preferred exit strategy is a negotiated resolution or business deal, as opposed to the blunt jury verdict. This panel will present the various ways settlement counsel can appear in disputes and how they work toward resolution—collaboratively with trial counsel without compromising the litigation strategy.

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