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Deciding between litigation vs negotiated settlements.

Deciding between litigation vs negotiated settlements. When it comes to litigation, matters can be solved either in courts or by negotiation between the parties. A negotiated settlement is almost always preferred for both parties as everyone involved makes some type of concession in order to arrive an agreement suitable to both parties. After the settlement has been signed and finalized, the involved parties are then bound knowing exactly what terms were considered and agreed upon.

When litigating in the court system, the final decision is left to a third party, either a judge or hearing examiner. This third party’s personal legal agenda, skill level, judgement and experience however are not predictable. At the conclusion of a trial or hearing, the judge may issue a ruling that either party is not happy with, but will be deemed to follow.

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  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

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