DecisionSet® designs, develops, and continually updates proprietary databases of settlement negotiations and trial outcomes. These databases enable DecisionSet® to identify predictor variables for win rates, awards and attorney/litigant decision making errors and assess the likelihood of obtaining an award at trial that is the same as or worse than an adversary's settlement proposal.

Although these databases are valuable decision making tools, DecisionSet® cannot predict what will happen in any particular case. Like weather forecasters, DecisionSet® analysts rely on historical patterns but cannot guarantee what will happen on a specific day. Nevertheless, farmers forego seeding when floods historically occur, and plaintiffs may prudently decide to settle and forego trials in cases where defense verdicts are rendered with historic predictability. Defendants, likewise, may choose to settle cases where the majority of plaintiffs prevail, although defendants may prevail in a significant number of those cases.

Probability assessments have to be tempered with the unique facts of each case and the risk tolerances of individual litigants. A party's attorney ultimately is the professional most capable of balancing the client's interests and the unique facts of each case with probabilistic assessments of win rates and decision error rates.