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Put bluntly, the costs of litigation are enormous and often prohibitive for even the largest disputes. These costs include not just the attorneys' fees, but the internal and opportunity costs for the clients. Additionally, the negative impact on planning and running a business caused by the uncertainty  of budgeting for, and the ultimate results of, a litigated resolution through trial and the conclusion of all appeals may pose a near existential threat to business success. It is a path that should not be undertaken lightly and only after a negotiated resolution is fully explored and every reasonable opportunity exhausted. 

Since most lawsuits ultimately settle, it is imperative to have a professional involved who is skilled, experienced, and focused on settlement matters. While many litigators and trial lawyers are reasonably proficient negotiators, that is not always or even usually the case. The skill sets, temperament,  and experience  needed for each role  are markedly different and arguably antithetical. Litigators should encourage their clients to embrace the engagement of other professionals who can help "coach" their side regarding negotiation and settlement dynamics, whether as a neutral mediator or as an advocate and counselor for the client.