Dispute Analysis & Litigation Support

THE ART AND SCIENCE OF DISPUTE ANALYSIS AND LITIGATION SUPPORT

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 PRACTICE

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.

SERVICES

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 litigation.
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.

Contact Us

DALS National Practice Leader

Richard Marchitelli, MAI, CRE, FRICS
Executive Managing Director
(704) 916-4447

Dispute Analysis & Litigation Support Brochure

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