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Insight · Firm Perspective

The Quiet Way Most Disputes Actually End

Mercer & StoneFirm InsightSeptember 2025

Trials make headlines. Settlements, on the rare occasions they're reported at all, tend to be described as a footnote. That coverage gap creates a distorted picture of how commercial disputes actually end.

The overwhelming majority of the matters we handle resolve before trial — not because the claims were weak, but because a negotiated outcome, reached with a clear-eyed view of the claim's real value, usually serves the client better than two more years of litigation risk.

We say this not to discourage clients from litigating where litigation is the right answer — sometimes it plainly is — but because the public narrative around 'winning' can create pressure to litigate past the point where it still serves the client's actual interests. The quiet resolutions are, more often than not, the successful ones.