Legal and non-legal data analytics for commercial disputes

Thesis

Data analysis for predictive insights for the resolution of complex commercial disputes must have regard for both the legal and extralegal facts and circumstances relevant to the parties and their dispute.

The Problem – law driven dispute resolution is a narrow focus

The traditional management and resolution of complex commercial disputes and litigation tends to be ‘law-driven’ and ‘lawyer-driven’. Often, disputes are founded, progressed, settled or judged largely according to narrow legal issues, prescribed legal processes and prevailing laws.

Most commercial disputes involve core legal issues of asserted ‘rights’ and disputed ‘obligations’ (generally claims for payment).  Therefore the usual approach to resolution is to invoke legal processes for legal remedies through legal representatives, to invoke the aid of an adjudicating court or tribunal.

In this ‘legal’ process, the data and intelligence relevant to the dispute will be confined to legally admissible facts, documents and witness testimony. This limits a broader perspective of the relationship, differences and business drivers of the disputants.

Accordingly, organisational objectives and the risk and reward appetite of disputing parties and their stakeholders can often be ignored as irrelevant or inadmissible to the ‘judicial’ process and solution.

The Solution – data-based Insights to solving disputes – a broader strategy

Extralegal and otherwise legally inadmissible or irrelevant factors, data and information in many cases will however be highly relevant to disputes, their propagation and key to their resolution or settlement.

Boards, executives and stakeholders of parties in dispute invariably must have careful consideration for all the likely impacts of disputes and their resolution on the organisation’s Profit and Loss, Balance Sheet, enterprise value, reputation and other critical business considerations.

Data gives insights to inform solutions

Therefore, multiple data points that affect, influence, advance, impede or that may have some material impact on an organisation in dispute, need to be identified, collected, analysed and evaluated. The insights gained from such wider analysis will better inform decision makers of the possible and probable dispute outcomes available and to be pursued.

Organisations and their executives that fail to properly consider all such relevant data and the insights derived from that analysis, will be at risk of achieving less than optimal outcomes to their disputes or litigation.

Therefore, many comprehensive and multiple data sources give parties superior knowledge of disputes, that will better inform them of solution options that may be developed and implemented to solve the problem at hand.

Solve Global – Predictive Analytics is the better way

Solve Global’s system and technologies to plan, manage, predict and solve™ disputes ensures that organisations will be better informed and more time and cost effective to resolve their disputes  for optimal outcomes.