Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 30, 2021
The Firm
201-896-4100 info@sh-law.comCOVID-19 brought the country’s court systems to a screeching halt. While most courts have slowly resumed operations, the months-long closures and reduced capacity have resulted in large backlogs, which will take several months to resolve.
In order to resolve cases more quickly, many courts, including those in New York and New Jersey, are strongly encouraging litigants to engage in settlement discussions and/or participate in alternative dispute resolution, such as mediation. Others are going so far as to make settlement negotiations mandatory before scheduling trials.
When it comes to business disputes, it is important that the client and their attorney work together to analyze the advantages and disadvantages of both litigation and settlement and decide together which is most beneficial. Even in the best of circumstances, all litigation involves a certain amount of risk and uncertainty. Even if you have a strong case, there is no way to be absolutely sure how a jury will respond to the arguments made by each side. As a result, more than 80 percent of all lawsuits are resolved via settlement rather than a court or jury verdict.
In light of COVID-19’s impact on the court system, settlement has a distinct advantage of bringing the case to a conclusion much more quickly, which can save both time and money. If you are litigating against a distressed business, settling the lawsuit now can be advantageous over drawn-out litigation, as it helps ensure payment of your claim before the company goes out of business and/or declares bankruptcy. Similarly, businesses that have been overwhelmed by COVID-19 may prefer to settle the lawsuit to guarantee at least some recovery and limit legal expenses.
There are several other advantages of negotiating a settlement. Most notably, the parties control their own destiny and have complete control over the terms of the agreement. In addition, settlement often allows the two sides to explore more creative solutions, such as payments over time, or exchanging different assets from those in dispute. By comparison, courts can be restrained by statutes and legal precedent. Settlements can also be structured to ensure that the terms remain confidential, which can be beneficial for litigants hoping to keep a dispute out of the spotlight. Conversely, court documents are generally public records and may be accessed by the public.
Of course, settlement may not always be the best option. To negotiate a settlement, both parties must be willing to make concessions. Therefore, it is important to determine what you may be willing to concede and assess the true value of your claim. For businesses that have remained or grown more profitable during the pandemic, it may make sense to devote resources towards litigation. The extra time to gather evidence and build your case now could lead to greater success in the long run.
In order for settlement negotiations to be successful, both parties must come prepared. Below are some important questions to consider before engaging in settlement discussions:
The COVID-19 pandemic has strained the New York and New Jersey court systems and placed a greater emphasis on settlement negotiations. For businesses involved in litigation, it is important to understand the risks and benefits of resolving your lawsuit prior to trial. To achieve the best possible outcome, it is also wise to work with an attorney skilled in the art of both litigation and negotiation.
If you have any questions or if you would like to discuss the matter further, please contact me, Thomas Herndon, Jr., or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!