Team Reflection

In: Business and Management

Submitted By marilynnsebring
Words 282
Pages 2
The choice between settlement and litigation is a very important one. The decision to accept or reject a settlement offer should be made with legal advice. Legal counsel would have to determine the victim’s expectations of each process and give advice on the reality of what can be expected. Counsel would use their legal expertise to determine the strength of the victim’s case. Sometimes a victim may want to proceed to litigation in the belief that there is a strong case, not realizing that there may be limitations on the evidence that can be presented in court and that what is legally right may not always appear to be fair. Advantages and disadvantages such as the length and cost of each process, and the option to appeal in litigation are areas that legal counsel would explain. Counsel would research precedents set by prior, similar cases and thus determine a fair value of compensation that could be expected. This compensation value can then be compared to that being offered in settlement. The details of the settlement offer itself would have to be analysed and counsel’s legal expertise would help the victim to understand the legal terms which the offer may contain. Also the legal implications of the settlement, such as the acceptance of responsibility and any limitations on disclosure must be clearly understood by the victim. Knowledge and understanding of the laws and how they pertain to the case is another important benefit of legal counsel.

Cheeseman, H. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and
International Issues. (7th ed.). Retrieved from The University of Phoenix eBook Collection database
MI lawyers.net. (2012). Retrieved from…...

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