THE ART AND SCIENCE OF DISPUTE ANALYSIS AND LITIGATION
There are proverbial arguments whether real property valuation and damages models are an art
or a science. We believe both are necessary and have organized Cushman & Wakefield’s
Dispute Analysis & Litigation Support (“DALS”) Practice around scientific principles,
highly skilled individuals, and the art of tying them together within the legal
environment. The focus of the DALS Practice is on complex commercial litigation involving
property economics issues.
The DALS Practice consists of individuals with core competencies in property valuation,
economics, statistics, finance, damages theory, and survey research techniques. DALS
Practice members have qualified as expert witnesses in each of the aforementioned disciplines
in federal, state, and municipal courts throughout the United States. In addition to the
quantitative and technical skills, the DALS Practice provides the benefits of project
management, team work, strategic decision making, and thought leadership.
DALS services may be divided into four discrete categories – dispute analysis, litigation
consulting, expert testimony, and trial support.
- DISPUTE ANALYSIS: The function of dispute analysis is to vet case issues, to
provide context and understanding to the real estate and financial components of those issues,
and to assist counsel in the decision-making process concerning whether to pursue litigation,
alternative dispute resolution options, or other courses of action.
- LITIGATION CONSULTING: In a litigation consulting role, DALS members assist lawyers
in identifying key issues, developing case strategies, and identifying potential experts and
expert teams. We also analyze, review, and evaluate technical materials; investigate
histories of opposing experts, including prior testimony and writings; perform literature
searches and other background research; assist counsel in developing lines of questioning; and
provide other advisory services to enable the legal team to better prosecute the
- EXPERT TESTIMONY: The DALS Practice provides
clients with expert testimony relating to property economics issues, damages calculations, best
practices assessments, lost profits analyses, environmental contamination and value impairment
issues, statistics, and a range of other specialized areas. Experts have testified in
cases involving billions of dollars in damages.
- TRIAL SUPPORT:Trial support services, which
are normally provided by the testifying expert and the expert services team, typically include
evaluation of the testimony of opposing witnesses, assistance in preparing deposition and trial
questioning, forensic real property investigations, financial modeling, assistance in framing
trial issues and in the preparation of post-trial memoranda; and preparation of trial exhibits
involving state-of-the-art technology, including GIS and other mapping applications.