Most employment disputes settle before reaching court. But that doesn’t mean employers should take their foot off the litigation preparation pedal.

In this episode of Counsel Without Borders, we speak with Donald English, co-leader of Morgan Lewis’ Trial Ready team, about why employers should approach every workplace dispute as though it could end up in front of a judge or jury. 

He explains what being genuinely trial ready means in practice: getting HR, legal, and senior management aligned, identifying and preparing witnesses early, preserving critical evidence and making sense of the growing volume of digital communications.

We also discuss how early missteps can undermine an employer’s position, why the ability to demonstrate a willingness to go to trial can transform settlement negotiations, and how to strike the right balance between being prepared to fight and knowing when to settle.

Listen to the episode on Spotify or Apple Podcasts.