Originally published in MaineBiz on September 17, 2012.

Litigation is a burden to business. While at least 90% of all cases settle, it is often after money is spent on fees, valuable internal resources are diverted and good will is lost. In many instances, the battle is fought until the eve of trial or after an adverse verdict, only to see the case settle.

Companies are now looking to reduce litigation costs by seeking ways of bringing about an (almost) inevitable settlement earlier. Thus a new player has entered the scene: "settlement counsel," a lawyer whose sole job is to get the case settled as early and fairly as possible.

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