When a dispute first surfaces, the extent of the risk to an organization and the level of resources required to resolve it may not be readily apparent. Some disputes seem to require immediate attention, but ultimately don’t present significant risks or require significant resources, while others seem less exigent, but involve major risks and require a long-term investment of resources. Triaging can help businesses prioritize disputes, determine the best approach to take in each case, and ultimately help manage risks in both the short- and long-term. Early case assessment (ECA) is an effective tool for triaging disputes.
ECA and its Benefits
ECA is a systematic approach for investigating, collecting and analyzing information related to a dispute. Inherent in the ECA analysis is an evaluation of the risks involved, including their nature (e.g., money damages, injunctive relief, reputational harm), scope (e.g., impact on entire business, business unit or product line) and urgency. ECA is a powerful tool for evaluating whether and on what terms to settle, or whether to pursue litigation or an alternative dispute resolution (ADR) process.
