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Courses/Litigation, Trial & Dispute Resolution/Litigation

Mastering Pre-Trial Tactics Part 1: How to Settle Your Case Before Filing a Lawsuit

Stop waiting for the courtroom and start resolving cases early with proven strategies for pre-suit negotiation.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Oct 7, 2026
Mastering Pre-Trial Tactics Part 1: How to Settle Your Case Before Filing a Lawsuit

What You'll Learn

check_circleAnalyze the criteria for determining if a case is ripe for pre-suit settlement
check_circleApply effective communication strategies to establish rapport with opposing counsel
check_circleEvaluate the benefits and risks of using binding high-low arbitration
check_circleIdentify specific legal scenarios that necessitate formal court intervention
check_circleProtect firm interests through proper filing and lien management

About This Course

Join us for part one of this five-part series on the skills you need to win your case before you even step into the courtroom.

Andrew Smiley will discuss everything you need to know about settling your case before you file a lawsuit.

The course examines the strategic advantages of resolving legal disputes before filing a formal complaint or initiating litigation. It covers the essential criteria for determining if a case is ripe for settlement, including the evaluation of medical records, liability, and insurance coverage.

The material outlines effective communication techniques for building rapport with adversaries and explores the use of alternative dispute resolution methods such as mediation and binding high-low arbitration. It also addresses specific scenarios where early resolution may be impractical, such as cases involving infants, wrongful death, or the need to protect statutory liens.

Topics Covered:

  • Early case resolution opportunities
  • Medical record evaluation and assessment
  • Insurance coverage analysis
  • Communication strategies with adversaries
  • Alternative dispute resolution methods
  • Binding high-low arbitration parameters
  • Statutory lien protection
  • Wrongful death and infant compromise procedures

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Andrew J. Smiley, Esq.
Andrew J. Smiley, Esq.

Attorney at Smiley & Smiley LLP

Andrew is the lead trial attorney for Smiley & Smiley, where his practice focuses on significant personal injury, medical malpractice and wrongful death. Andrew is a graduate of Brooklyn Law School. He served as Academy President in 2017–2018 and is also a Past President & Board Member of the New York City Trial Lawyers Alliance. He hosts The Mentor, Esq., a podcast for lawyers.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

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Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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