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Applying Decision Tree Analysis to Expedite Preference Settlements

ABI Journal
December 2015, R. Stephen McNeill

Most bankruptcy attorneys are familiar with the adage that 99 percent of preference cases are settled before trial. Indeed, all across the legal landscape, alternative-dispute resolution continues to gain traction, primarily because of the substantial cost savings that these mechanisms offer. To properly advise clients and maximize the value obtained from alternative-disputeresolution mechanisms, counsel should prepare an early case assessment to analyze strengths and weaknesses in the case, as well as any opportunities for reasonable settlements before incurring substantial legal fees and expenses.

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