During our June 23 webinar on decision tree analysis, an attendee shared having heard complaints that decision tree analysis is unfair to plaintiffs because the multiple probabilities in the tree whittle down their expected damages. However, it’s only when the “whittling down” results from misuse of the rules of probability..

At our June 23, 2021 webinar on decision tree analysis, we examined how to calculate the expected value (EV) of a lawsuit using a decision tree in connection with a mediation or settlement negotiations. We also discussed that once an EV is calculated, plaintiffs should subtract from EV the anticipated..