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Courses/Law/Alternative Dispute Resolution

Should You Settle or Litigate? A Valuation Approach

A practical methodology for valuing claims, risks, and settlement options

Created byHugh Stowe
5.0
(1 reviews)
BeginnerUpdated Apr 2, 2026
Should You Settle or Litigate? A Valuation Approach

What You'll Learn

check_circleApply a 3-step methodology to value litigation positions.
check_circleAssess monetary claims using probability-weighted analysis.
check_circleMonetize non-monetary factors such as stress, opportunity cost, and reputational impact.
check_circleQuantify the risk associated with litigation.
check_circleDetermine a party’s “bottom line” for settlement decisions.
check_circleIncorporate valuation into settlement and broader litigation strategy.

About This Course

Determining whether to accept a settlement offer or continue litigation is one of the most challenging decisions lawyers face. Without a systematic methodology, assessing the value of a litigation position can be subjective, risky, and inconsistent.

This 1-hour practical webinar provides a structured approach to valuing litigation positions. Participants will learn a 3-step methodology that considers probability-weighted monetary claims, non-monetary advantages and disadvantages of litigation, and the risks associated with pursuing a claim. Using real-world case studies, the session equips practitioners with the tools to determine a party’s “bottom line,” make informed settlement decisions, and integrate valuation into litigation strategy.

What You Will Learn:

By the end of this course, participants will be able to:

  • Build Legal Decision Trees: Map out the various stages of litigation, assigning probabilities to different rulings, verdicts, and appeal outcomes.
  • Calculate Expected Monetary Value (EMV): Apply quantitative formulas to determine the true financial worth of a case at any given moment.
  • Assess Hidden & Intangible Costs: Factor in the "invisible" costs of litigation, including executive distraction, opportunity costs, reputational damage, and the time value of money (NPV).
  • Master Risk Tolerance Profiling: Understand how a client’s or company’s specific risk tolerance should alter the mathematical threshold for settlement.
  • Data-Driven Negotiation: Leverage valuation models as a powerful tool during mediations and settlement negotiations to justify your numbers and dismantle the opposing side's demands.

Who Should Attend:

  • Legal Professionals: In-house counsel, litigators, and managing partners looking to provide better, more objective advice to their clients.
  • Business Executives: CEOs, CFOs, and COOs who are responsible for managing corporate risk, legal budgets, and bottom-line finances.
  • Risk Managers & Insurance Adjusters: Professionals tasked with evaluating claims, setting reserves, and authorizing settlement payouts.
  • Mediators & Arbitrators: Neutrals seeking tools to help deadlocked parties see the financial reality of their dispute.

Your Instructor

Hugh Stowe
Hugh Stowe

Barrister | 5 Wentworth

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star1 reviews

Hugh Stowe has been at the Bar since 2000. He has a wide ranging commercial and equity practice, appearing predominantly in the Supreme Court and Federal Court, doing trial and appellate work, both led and unled. Before coming to the bar, Mr Stowe practised as a solicitor at the firms now known as King & Wood Mallesons and Herbert Smith Freehills, and was associate to the Chief Justice of the Federal Court of Australia. Mr Stowe has a Masters of Law from Cambridge, and has lectured in law at the University of Durham, UK. Mr Stowe has published on expert evidence preparation and in various other fields. He is also a qualified mediator, and has strong interest and experience in settlement theory and practice.

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What Students Are Saying

5.0
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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.