Relevant issues are determined by the laws of the jurisdiction. For example, Massachusetts allows a set-off for comparative negligence of up to 50 percent in tort cases. Where liability is an issue, liability and comparative negligence would be nodes in the decision tree. The decision tree can be complex or simple, depending on the dispute being analyzed. Relatively complex disputes typically require a relatively complex decision tree.
Decision trees can be useful anytime.
Decision tree construction is a useful preparation for any mediation or dispute resolution session because it requires a careful examination of the dispute and causes the party that undertook the analysis to be prepared to argue the issues, the probabilities, and the expected value of the dispute. Construction of a decision tree would also be beneficial after a dispute resolution session, if the case does not settle, as the parties should have discussed the dispute and identified the areas of disagreement. Decision trees also allow for analysis of a dispute. The parties may require guidance as to exactly which type of decision tree they need and how it should be structured. This could be accomplished by the use of a consultant versed in decision tree construction.