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By Régis BONNAN Alain GREC, Profile Investment
(B) The added value of an external and objective litigation assessment
It is not only the criteria selection that matters but also the method and spirit in which the criteria are examined.
The method includes making several preliminary important assumptions to maximize the objectivity of the assessment, throughout the analytical process. In particular:
- The litigants’ respective behaviors are assumed to be rational and symmetrical, unless concrete and substantiated elements support a different assumption;
- Each party is assumed to have or to be able to gain access to an equivalent level of knowledge on the matters at issue, and on the law...
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