How To Use Risk Analysis To Calculate Settlement Value

In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS concluded that decision analysis is an inherently flawed tool for calculating settlement values of civil cases. However, the error is not in the tool, but rather in how it is used. Done correctly, decision analysis can and should be used to assist counsel in calculating discounted settlement values, say Richard Lane White and Brian Henthorn of Gnarus Advisors LLC.

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