What is the process of negotiating a settlement in a business litigation case?

The process of negotiating a settlement in a business litigation case in Massachusetts typically begins with the parties involved discussing the issues at hand and trying to come to an agreement without having a legal battle in court. The first step is for the parties to meet and discuss the facts of the case, potential solutions and the damages that could be at stake. This initial discussion often leads to an informal settlement agreement which is negotiated by the parties outside of court. If an informal settlement is not reached, the parties may proceed to mediation, also known as alternative dispute resolution. This process involves the appointment of a qualified mediator to assist the parties in reaching a mutually acceptable agreement. During mediation, both parties discuss the facts of the case, present their legal arguments, and suggest potential solutions. Once the parties have reached an informal or mediated agreement, both parties will sign a release and settlement agreement. The agreement sets forth the terms of the settlement and outlines the rights and obligations of each party. Finally, the release and settlement agreement will be signed by each party and filed with the court. Once the agreement is finalized, the case will be concluded and both parties will accept the settlement.

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What is the process of negotiating a settlement in a business litigation case?

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