HomeDecisionsThe disputes decision

A client asks: settle or fight.

Do you settle, defend, mediate — or counterclaim?

Case study Illustrative walkthrough · scenario numbers Legal · Disputes Supply agreement · Arbitration

01 · The situation

Settle or fight? The answer takes three weeks — and still hedges.

A manufacturing client terminates a long-running supply agreement. The counterparty serves notice invoking arbitration and claims damages for wrongful termination. The client calls the disputes partner on Monday. The matter opens as D-2291, and the only question that matters is already on the partner's desk: settle or fight — and what does each one cost?

Document review runs overnight. Research answers in plain language. The dashboards show WIP and realisation to the rupee. And the client who called three weeks ago asking whether to settle or fight is still waiting on your memo — because the quantum, the fee run and the precedent are sitting in three separate files.

ClientManufacturingLong-running supply agreement, terminated
MatterD-2291Arbitration · wrongful termination claim
Exposure₹3.1 Cr if lostFee run ₹1.6 Cr over three years to defend
Counterclaim windowCloses in 11 daysAnswer owed this week
OwnerDisputes partnerStatus: open

02 · Decision points

Four ways forward on D-2291 — and the client is paying you to price them.

A · SettleNegotiate a number now, before they file. Certain, quiet, and cheapest in fees — but every other counterparty is watching what your client pays.Does it set a price for the next claim?
B · DefendContest the claim through arbitration. The claim may not survive — but a fee run over three years can exceed what's being claimed.What does winning actually cost?
C · MediateUse the tiered dispute clause and go to structured settlement talks. Faster, cheaper, and the commercial relationship survives.Does proposing it read as weakness?
D · CounterclaimThe client has unpaid invoices and a quality-default position of its own. Raised, it changes the arithmetic entirely.Does the evidence hold, and is the window open?
In practice

On paper, four clean paths. In practice you can't price them this week — because the contract set, the correspondence, the quantum and the fee model are in four different places, and nobody has put a number on any of them yet.

03 · As-is

How it gets built today: three weeks, two associates, one hedged memo.

Day 0Instruction

The client calls, the partner takes the brief, the matter is opened. The recommendation is now owed — but nobody owns the number yet.

Week 1Assemble

Two associates pull the agreement and its four amendments and reconstruct three years of correspondence. A third checks the limitation position and whether the arbitration clause bites at all.

Week 2Reconcile

Quantum goes into a spreadsheet. A fee estimate is built off a staffing guess. Comparable outcomes are hunted from whoever has been at the firm longest. Three workstreams, three files, no single agreed number.

Week 3Hedged

The partner reviews late and the memo goes out qualified on every path. The client reads it and still cannot decide. The mandate's whole value was the recommendation — and it arrived hedged.

~3weeks to a recommendation the client can act on
~200associate hours, increasingly hard to bill
1memo, qualified on every path
Lostmandates, to whoever answered first

04 · Assisted

The analysis is built overnight. The partner forms the view before lunch.

Same matter, D-2291. The three weeks collapse, because the three separate manual jobs become one automatic one.

Day 0It watches

Picks the matter up at instruction. The brief lands and the system is already reading the engagement record, the client's contract set, the correspondence and your own closed matters — so D-2291 is live the moment it opens, instead of waiting for an associate to come free.

Hours laterIt thinks ahead

Gives the recommendation an owner and a clock. It logs the recommendation as owed, runs the limitation and notice positions, and starts the counterclaim window counting — so the call has an owner and a deadline from hour one, instead of drifting until someone asks.

OvernightIt simulates

Does the three jobs as one. Instead of quantum, fees and precedent sitting in three separate files, it pulls all three together by morning — exposure, fee run, and what your firm has actually recovered on matters of this shape — and plays the four options forward on one agreed set of numbers.

Next morningYou advise

One screen, four costed paths. The partner opens one view, sees all four options costed on the same basis, and forms the view that morning — not in week three. The system did the assembly. The legal judgement is still the partner's, and the decision is still the client's.

05 · The options, costed

All four costed on the same basis, from their documents and your matters.

A · Settle
Cash out₹2.4 Cr
Fees₹18 L to close
Time4 weeks
B · Defend
Fee run₹1.6 Cr over 3 years
If lost₹3.1 Cr exposure
Time30–36 months
C · Mediate
Landing₹1.4 Cr, likely
Fees₹32 L to close
Time8 weeks
D · Counterclaim Flagged
Recovers₹1.9 Crunpaid invoices and the quality default
EvidencePack ready
WindowCloses in 11 days

Illustrative figures · scenario data, not a live system or a real matter

06 · The playbook

What the paths were weighed against.

R1Settle only if it doesn't set a price for the next claim — every other counterparty is watching what your client pays.
R2Defend only when winning costs less than the claim — a fee run over three years can exceed what's being claimed.
R3Mediate under the tiered dispute clause where the commercial relationship is worth preserving — and proposing it doesn't read as weakness.
R4Counterclaim only if the evidence holds and the window is open.

This is judgment your best people already carry. Written into the decision, it works on every matter — not just the ones they happen to see.

07 · The call

Counterclaim — window open.

Decisome // Recommendation Scenario: matter D-2291 82
01

Counterclaim: ₹1.9 Cr recoverable on the unpaid invoices and the quality default.

Client's ledgerQuality-default position
02

Evidence holds — agreement, amendments, correspondence, QC records, privilege-tagged.

Evidence pack · compiledLimitation position
03

Statement of counterclaim, quantum and fee estimate drafted overnight.

5 of 5 items readyClosed matters of this shape
04

Queued for the partner to settle and the client to instruct — window closes in 11 days.

Routing & windowAwaiting you
Challenge any line — it shows its work. Choices weighed: 4 // Rules applied: 4
Flagged —
Counterclaim, window open

08 · After the call

Take a path — the whole workstream is already staged.

D-2291 · Counterclaim package · assembled the moment the partner chose✓ 5 of 5 items ready

Statement of counterclaim

Drafted against the arbitration clause, dated, pleading the unpaid invoices and the quality default.

Drafted

Quantum computation

Priced from the client's ledger, broken down line by line, ready to annex.

Priced

Evidence pack

The agreement and its four amendments, the correspondence thread, delivery and QC records — pulled, indexed and privilege-tagged.

Compiled

Fee estimate & scope

Built from your own closed matters of this shape, not a staffing guess — ready to put in front of the client.

Drafted
!

Routing & window

Queued for the partner to settle and the client to instruct — counterclaim window closes in 11 days, flagged.

Awaiting you
Nothing has been served. The whole workstream is staged and waiting on the partner's review. A partner still settles it and the client still instructs.

What happened next

The decision leaves the room.

Day 1

Disputes partner drops the quantum to ₹1.6 Cr — the client is writing off the March consignment; annexures re-linked, statement of counterclaim updated, fee estimate unchanged.

Day 1

Disputes partner adds the QC inspection report to the evidence pack; the pack and the fee estimate go to the client.

Day 2

Client instructs. D-2291 advised as a counterclaim, inside the window.

Next

Saved to the firm knowledge base — what was advised, and why. Learned: supply agreement terminated; client's own default position strong, window open — counterclaimed for ₹1.6 Cr.

Illustrative follow-through · scenario data

D-2291 New
Counterclaim

Supply agreement terminated; client's own default position strong, window open — counterclaimed for ₹1.6 Cr.

D-2287
Mediate

Services dispute under a tiered clause; relationship worth preserving — settled at mediation in seven weeks.

D-2274
Defend

Quantum inflated and entitlement weak; contested, and costs recovered on the award.

Every matter you close teaches the system. The next dispute starts from what your firm already knows — not from whoever happens to remember.

09 · As-is vs assisted

Same matter, D-2291 — two very different practices.

As-is manual · todayAssisted with Decisome
Time to a recommendation~3 weeks, and it still hedgesBy the next morning
Basis for the adviceThree rival files, no agreed numberOne agreed set of numbers
Options pricedOne path worked by hand — no time to cost the restAll four, played forward
Associate effortHundreds of hours on assemblyRedirected to matters you can't currently staff
Precedent usedWhoever has been here longest remembersEvery matter the firm has closed
EvidenceScrambled together at the end, if at allPre-assembled, indexed, privilege-tagged
Once the client instructsWorkstream built by hand, laterStaged, routed, ready to serve
Firm knowledgeLives with the partner; leaves with themCaptured in your knowledge base
Work wonMandates lost to whoever answered firstTurnaround becomes a reason you're picked
Who advisesA partner — late, on partial factsA partner — on time, fully informed

D-2291 is an illustrative example built from how commercial disputes are commonly handled, not a client result. The three weeks, the three workstreams and the figures on this page describe the shape of the problem.

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