Author: Edward R. Feehan KC

Costs incentivize parties to settle and the risk or fear of costs can be used as part of a broader litigation strategy to encourage settlement early in the dispute process. This paper explores formal offers to settle and Calderbank offers and provides a comparison of the two options, along with factors to consider when deciding which to employ and when.

These materials are part of a collection presented at LESA’s Costs program in Edmonton on May 6, 2025.