Free tool · Negotiation
How Does My Settlement Offer Compare With Past Settlements? A Benchmarker
To compare an offer with past settlements, record each past deal in the same way (category, amount claimed, amount settled) and express the result as a share of the claim, so that cases of different sizes can be compared. The median, the middle half of results (between the lower and upper quartiles) and the percentile of your offer then show where it sits. The limits matter more than the arithmetic. A small table can change a lot when one case is added or removed. A table of settlements describes only the cases that settled, not those that were won, lost or dropped. Cases that look alike can differ in the strength of liability, the forum and the parties, and claims may be inflated or deflated for tactical reasons, so shares of the claim can mislead. Use a benchmark as a reference point for a conversation, not as a forecast of the result, and treat confidential settlement data within the terms on which you hold it.
Tool · Settlement Benchmarker
late delivery: settlements were typically 48% of the claim (middle half 44% to 54%, 6 cases). An offer of 40% of the claim is at about the 17th percentile of past settlements.
| Category | Cases | Lowest | Lower quartile | Median | Upper quartile | Highest |
|---|---|---|---|---|---|---|
| late delivery | 6 | 31% | 44% | 48% | 54% | 60% |
| defective goods | 5 | 24% | 40% | 55% | 58% | 78% |
Applied to your claim of 100,000, the middle half of past settlements would be about 43,618 to 53,750, with a median of 47,500.
- Only 6 past settlements in this category. With so few, a quartile can move a lot if one case is added or dropped; treat the figures as a rough guide.
- Settlement tables show only the cases that settled. Cases that were won, lost or dropped are missing, and so the table is a view of one outcome, not of the dispute.
- Ratios compare settlements with the amount claimed, and claims are often inflated or deflated by tactics. Check whether the claim was a fair measure before comparing it with yours.
- Past cases are comparable only if their facts, forum, timing and parties are. Look at what differs before using a benchmark.
- Confidential settlements and client data must be used within the terms on which you hold them.
Paste a table of past settlements (category, amount claimed, amount settled), pick the category that fits your matter and enter the claim and an offer. The tool shows what share of the claim similar matters settled for, the middle half of the results and where your offer would sit among them. The sample is invented. A table of settlements shows only the cases that settled, comes from cases that differ in ways it does not record, and may be confidential: use it as a reference point, not as a forecast. Runs in your browser; nothing is stored or sent.
How to use it
- Paste past settlements as category, claim, settled, one per line, or use the invented sample.
- Choose the category and enter the claim and the offer you are considering.
- Read the median, the middle half and the percentile of your offer.
- Read the notes on sample size, outliers and other limits before using the figures.
Common questions
Why use a share of the claim and not the amount?
Because a settlement of 54,000 means little on its own. As a share of a 120,000 claim it can be compared with other cases of other sizes.
What does the percentile of an offer mean?
The share of past settlements at or below that share of the claim. An offer at the 17th percentile is low compared with past deals; whether that matters depends on how like those deals your case is.
Is the sample data real?
No, it is invented. The tool shows the method. A real table must be built from your own comparable matters and used within the confidentiality terms that apply to them.
Learn the law behind the tool
This tool is part of our Negotiation course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Negotiation Analytics: Benchmarks and Settlement Data.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.