Not every expert opinion necessarily leads to legal proceedings. Rather, once an economic damage analysis has been completed, a phase often begins in which the aim is to achieve an appropriate and efficient solution by way of settlement on the basis of the economic evidence that has been compiled.
EE&MC sees this phase as an integral part of responsible economic support in litigation.
After completing an expert opinion, we regularly review with our clients whether the available economic findings provide realistic approaches for an amicable settlement of the dispute. The focus is on economic logic: a settlement makes sense if it is based on a clearly quantified, empirically substantiated basis of damages and represents a rational solution for both sides.
EE&MC supports these negotiations with the same methodological precision and strategic clarity that characterises our expert reports. We analyse the economic range of possible settlement parameters, evaluate scenarios of minimum and maximum damages, and prepare economically sound lines of argumentation that can be used in the negotiation rounds. In doing so, we disclose not only figures, but also assumptions, sensitivities and risks, and prepare them in such a way that they can be translated into decision-making logic.
We pay particular attention to the dynamics of negotiations: settlement negotiations often take place within a tight time frame and therefore require a high degree of responsiveness without compromising methodological rigour. EE&MC has established internal processes for this purpose that enable rapid economic feedback, short-term model adjustments and data-based scenario calculations. In practice, such settlement rounds are regularly held together with the experts of the opposing party and the respective legal representatives as well as high-ranking company representatives.
EE&MC experts participate very actively in these meetings, structuring the economic discussion points, reviewing counterarguments and developing alternative scenarios that can lead to an economically acceptable settlement.
We consider it a success when a dispute can be resolved by consensus on this basis, either before court or during the proceedings. After all, an economically rational solution is often also the most economically efficient one.
At the same time, we support clients in preparing for such discussions through structured settlement workshops in which negotiation strategies, lines of argumentation and response paths are simulated. These training sessions combine legal and economic perspectives to give decision-makers a precise understanding of the economic interdependencies and scope for action. Economic support for settlement negotiations has thus become a central component of the EE&MC service portfolio. It combines analytical rigour, economic rationality and strategic negotiation – with the aim of not only analysing disputes, but also resolving them economically.