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What are “settlement counsel” ?

“Let us never negotiate out of fear. But let us never fear to negotiate.”

-John F. Kennedy

“Negotiation and discussion are the greatest weapons we have for promoting peace and development.”

-Nelson Mandela

Settlement counsel are civil litigation, employment law or family law lawyers who focus exclusively on resolving a client’s dispute through negotiation, as opposed to preparing it for court. They are sometimes referred to as ‘Dispute Resolution Lawyers’. Settlement counsel are well-versed in the law and the civil or family litigation process. However, their expertise is in resolving conflict without court intervention whenever and wherever possible to save a client time, risk, stress and money.

Settlement Counsel take a ‘big picture’, problem-solving approach to a dispute in which legal rights are important — but a client’s other needs and interests are also given weight. At the same time, they are realistic. Therefore, settlement counsel at Stancer, Gossin, Rose LLP (who are former litigators) will often work together on a case with our firm’s other civil litigation or family lawyers – or with outside counsel — who continue to prosecute the case and see it through to trial, if necessary. All the while, settlement counsel explore every opportunity to resolve a case. We believe that this focused, team approach is the most efficient way to help a client faced with a legal dispute.

The Settlement Counsel concept is growing in popularity and is receiving wider publicity. In 2017, an article co-written by Mitchell Rose of SGRLLP entitled Two Heads Are Bigger Than One: A Settlement Counsel Primer appeared in The Advocates’ Quarterly, a prestigious civil litigation journal.

If you are interested in learning more or working with our settlement counsel, please contact:

Mitchell Rose, for civil disputes and employment law matters.

Eric Gossin, for family law matters.

FAQs about Settlement Counsel:

What is the difference between a Settlement Counsel and a Mediator?

Is using Settlement Counsel a sign of weakness or surrender?

Should lawyers actively discourage litigation?

What are a lawyer’s ethical duties regarding settlement and the use of mediation and other forms of ADR?

Related posts and articles you might enjoy:

The Secret to Settling Legal Disputes

Gambling on Litigation

Podcast Interview with Mitchell Rose about Settlement Counsel from On the Record

The Designated Settler or How I Learned to Stop Litigating and Love Mediation Joint Sessions

Litigation and Settlement Counsel a Perfect Pairing

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Disclaimer: Welcome! Please note that this blog and its posts are intended for educational uses only. They are not intended as, nor should they be construed by the user as legal advice.  The use of this blog and this post does not create a lawyer-client relationship. Should you require legal advice for your particular situation then please feel free to contact us to arrange for an in-person consultation.