Cost Issues

• Desire to eliminate costly discovery and/or trial.
• Expense to pursue may approach or exceed settlement value.
• High stakes with risky outcomes.

Litigation Issues

• Desire to avoid litigation.
• Desire to organize and streamline litigation.
• Desire to focus litigation.

Education Issues

• Opposing counsel and/or client needs education.
• Unrealistic expectations.

Negotiation Breakdown

• Unclear how to proceed.
• Deadlocked negotiations.

Communication Issues

• Hostile or uncommunicative parties and/or counsel.
• Emotionally charged issues and/or parties.

Flexibility

• Willingness to re-evaluate liability and damages.
• Willingness to go beyond last offer or demand.
• Willingness to consider cost of continued litigation.

Time Issues

• Desire to eliminate prolonged discovery and/or trial.
• Dispute requires timely settlement.
• Time delays affect settlement options.

Complexity Issues

• Complex multiple issues.
• Complex facts and /or mixed questions of facts and law.
• Complex party issues - numbers, relationships between parties, internal problems within parties.

Relationship Issues

• Interdependent parties.
• Valuable to retain relationship.

Motivation to Settle

• One party, or both, motivated to settle.
• Party inclined to settle, doesn't want to appear weak.

External Factors

• External factors and/or parties motivate, complicate, and/or control dispute
• Necessity to avoid case precedent (or risk of setting precedent).