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Valuation and strategy

Weigh the offer against the range.

BRON estimates a settlement range five separate times and shows how wide the uncertainty runs. You can read the assumptions behind it and the case against you.

Availability: Limited availability

An estimate. Its ranges have not been checked against resolved matters.

BRONValuation and strategyMatter valuation
Illustrative valuationp10 to p90
p10$1.2m
p90$3.6m

Inspect the inputs behind the range.

Inspect the inputs
Estimates returned5 of 5In the record
Widened byOutstanding discoveryFor review
Assumption to checkProjected lost profitsFor review

Illustrated range, not a fitted distribution. No recalculation is performed in this example.

About this example
Illustration · fictional matterThe names, dates and documents are invented for this example.

In practice

The range, and what drives it.

  1. Read what it rests on.

    See where the record ends and an assumption begins: the claims, the facts recorded for them, costs and coverage.

    BRON / Valuation01

    What the model rests on

    Read the assumptions first.

    Notice / disputed

    Two accounts

    Garcia describes earlier notice. Smith disputes it.

    Money / costs and coverage

    Costs and policy limits

    A policy limit caps the range only when every active claim has a known limit.

    Five estimates / one range

    Five separate estimates

    The middle estimate is kept whole, and the number that came back is shown.

    Each figure behind the range is an assumption counsel can read and question.

    North Harbor · Notice of defect · Illustration · fictional matter
  2. Read how wide it runs.

    The range widens where the five estimates disagree, and while discovery is still outstanding. The adjustment never narrows the simulated range.

    BRON / Valuation02

    Uncertainty / schematic only

    Outstanding discovery widens the range.

    Simulated range

    Widened for disagreement and open discovery

    Still open

    When Smith received or read the email. Until discovery answers it, the range is wider.

    Schematic only, with no dollar figures.

    North Harbor · Notice of defect · Illustration · fictional matter
  3. Test the position.

    See how the range moves if the other side wins a pivotal issue, and compare an offer with the range that stood that day.

    BRON / Valuation03

    Before the offer conversation

    Test the position before the offer.

    The opposing argument

    If Smith's account prevails

    BRON re-runs the simulation as if the other side won on notice, and shows how the range moves.

    The recorded offer

    Compared with the range

    The offer is recorded with the range that stood that day. It does not change the simulation.

    What to recommend to the client is counsel's call.

    North Harbor · Notice of defect · Illustration · fictional matter

What this carries into the rest of the matter

  • Open questions in discovery, as reasons the range is wider.
  • Each demand and offer, with the range that stood that day.
  • Each valuation, recorded before the outcome is known, in a log that is not edited.

One decision in practice

If Smith's account of notice prevails.

Pivotal issueNotice before May 4

It decides at least one claim, so BRON re-runs the simulation as if the other side won it.

The other side's caseThe Red Brief

A dispositive motion the other side could file, drafted from your own record.

An offerCompared with the range

Recorded with the range that stood that day. It does not change the simulation.

Your next decision

Decide what to recommend to the client. BRON shows the comparison and does not make the recommendation.

Bring a matter with an offer pending, and see what its range rests on.

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