This session was recorded on 22 July 2026 as part of the Tips for negotiation and settlements: Mandatory Rule 6.1 – live webinar.

Hear from legal experts in this live online course about settlements, and earn three CPD units. Topics include: 

Negotiation mastery: From 'compromise' to prosperity – Ruwan Wathukarage, Barrister & Mediator (NMAS), MCIArb, 5 Selborne Chambers

Negotiation is often seen as a race to the middle, but it should be a journey toward abundance. Barrister Ruwan Wathukarage reinterprets the ‘art of compromise’ as a strategic science of prosperity. Using Nash Equilibrium principles, this session helps solicitors break free from the ‘litigation trap’ and shift from legal postboxes to strategic architects.

• Key takeaways from this session:
• Applying Nash Equilibrium to break the ‘litigation trap’.
• Mastering relationship building using negotiation and mediation.
• Developing creative problem-solving to unlock commercial value.
• Positioning the ‘Invitation to Negotiate’ as leadership.
• Advocacy skills for negotiation.

Should my client settle? A costs/risk analysis methodology – Hugh Stowe, Barrister, 5 Wentworth Chambers

A prudent party should settle if (but only if) the value of settlement exceeds the value of litigating. But without a rigorous methodology for quantifying the ‘value of litigating’, a party can’t reasonably make that assessment. No such methodology presently exists in general practice. This seminar presents a novel, comprehensive and practical methodology for quantifying the value of litigating and resolving the dilemma: ‘Should my client accept the offer on the table, or reject the offer and litigate?’ It comprises a 3-step valuation process, involving: 

• First, the probability-weighted valuation of uncertain monetary claims and exposures. 
• Secondly, adjusting that value by the notionally monetised value of the non-monetary ancillary advantages and disadvantages of litigation (e.g., stress, opportunity cost, reputation damage).
• Thirdly, further adjusting that value by the notionally monetised value of ‘risk’ associated with the litigation.

The application of the methodology generates valuation outcomes that radically diverge from the typical claim valuation intuitions of both clients and lawyers. The methodology has profound implication for litigation and settlement strategy. 

Ethical compliance when negotiating settlements – Paul Monaghan, Senior Ethics Solicitor, Law Society of NSW

This session will cover the following topics:

• Regulatory framework for ethics and solicitors.
• Ethics and aspects of AI.
• Ethics and aspects of AML/CTF for 2026.
• Duties to the Court, client and profession.
• Practical examples of ethics and problem solving – applications in negotiating.