ARTICLE
16 December 2025

Using Decision Analysis In Settlement Negotiations

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
This is the latest in our series of discussions about how clients have used HSF Kramer's Decision Analysis models as part of their strategy for disputes management.
United Kingdom Litigation, Mediation & Arbitration
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This is the latest in our series of discussions about how clients have used HSF Kramer's Decision Analysis models as part of their strategy for disputes management.

This week, International Arbitration Partner Chris Parker discusses how it was used to support a settlement negotiation with an opposing party:

We were acting for a European client in a high-value arbitration dispute relating to termination of a contract relating to a key Asian market. In order to succeed, our opponent had to show that: (i) our client had breached the relevant contractual provisions; (ii) the breach was material; and (iii) the proper contractual termination procedures had been properly followed. If they failed on any of these limbs, our client would be entitled to damages for wrongful termination.

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Read Part 1 of our Decision Analysis Series - Using Decision Analysis to evaluate a settlement offer

Read Part 3 of our Decision Analysis Series - Using Decision Analysis for distressed debt valuations

Read Part 4 of our Decision Analysis Series - Using Decision Analysis for case management

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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