A litigation strategy is a forward-thinking plan that affects cases that are yet to occur. Such a strategy cannot be applied to cases, from either a defendant or claimant perspective, that already exist – that’s not a strategic process – it is reactive to someone elses strategy, or action.
A true strategic solution to litigation involves all claims from FNoL, and even before, if implemented rigorously/correctly.
This consistent end-to-end approach to all claims will change behaviours throughout the pre-litigation lifecycle due to the stated consistency existing all through the process. It is not envisaged that spend will be reduced on litigated cases; it will not. But those cases demonstrate the loyalty to the process/strategy that makes pre-lit cases settle with a reduced spend earlier within the process.
Is a Claimant strategy diametrically opposed? No. There are clear parallels that aren’t as far apart as you might think when you look at them closely.
It is where these two well-thought-out environments co-exist that real understanding is gained. Until that scenario occurs, you are not employing strategic thinking but remain predominantly reactive – if the end game isn’t influencing the opening whistle; you’re not doing it right.
If any of that sounds appealing to you – talk to us!