Attorneys and clients often focus on whether a case is "winnable." DecisionSet® believes that the most important judgment call is not whether a party will win or lose at trial but rather whether the trial result will be better than an alternative proposed in settlement negotiations. All too often, a party "wins" at trial but actually loses because the winner's award is financially worse than a previously declined settlement proposal. "Beating" an adversary at trial sometimes inflicts more damage on the victor than the ostensible loser.

To help parties avoid adverse litigation outcomes, DecisionSet® develops proprietary databases of settlement negotiations and trial outcomes. DecisionSet® employs multiple statistical methods to determine which factors in litigation cases are correlated with suboptimal settlement negotiations and adverse trial outcomes. Analyzing numerous classes of variables, DecisionSet® has identified predictor variables for win rates, awards and attorney-litigant decision making errors. When litigants integrate data and models with decision sciences research showing how psychological biases and heuristics lead to suboptimal results, they acquire new and valuable tools to assess their alternatives.