5 PerspectivesJune 7, 2010
Negotiating through Impasse: A Paper from the Archives
a .pdf copy of “Break that Impasse: Practical Solutions to Eliminate Deadlock in Settlement Negotiations” is available here
Lately I have heard about impasse more often than normal — Marc Lanzkowsky posted 3 Settlement Techniques that Will Help Move a Case to Resolution on The Claims SPOT, which drove a great follow-on discussion about impasse among LinkedIn’s Commercial and Industry Arbitration and Mediation Group. As the comments continued, I thought about how much we all try to avoid — or work through — impasse, and an old article of mine came to mind. This is a quick post intended to reintroduce that article to the discussion.
Break that Impasse: Practical Suggestions to Eliminate Deadlock
It seems like only yesterday, but in 2004 I co-presented Break that Impasse: Practical Suggestions to Eliminate Deadlock in Settlement Negotiations to the Association of Corporate Counsel’s Annual Meeting in Chicago with an all-star group of copanelists, including Eric D. Green, Ross W. Stoddard, Melvin S. Merzon and Mark Tatelbaum. The paper, available here, is more than a few years old and I wrote it before my mediation training (so all disclaimers apply), but “Break that Impasse” includes:
- 20+ pages of ideas about how to prevent and break impasse — written primarily from the client’s perspective;
- Over 100 footnotes to mediators, judges, lawyers, clients and others who contributed their ideas to the paper; and
- A sample mediator’s proposal form, supplied by copanelist Ross Stoddard.
Take a look at “Break that Impasse” the next time impasse approaches — I hope it helps.
Categories: ADR, Fundamentals, Mediation, Negotiation, Settlement, Tactics
3 PerspectivesJune 6, 2010
Risk Based Analysis: How Do You Make Your Next Move?
It’s no secret I have been on a bit of a Decision Tree kick lately — I just spent two days in one of Marc Victor’s (fantastic) training sessions, and Settlement Perspectives’ series on this important topic continues to grow. Today we’ll explore how one experienced mediator uses a similar approach to prepare mediator’s proposals, and how you can use the same process as you make your next settlement offer.
What Are the Chances Your Offer Will Be Accepted?
As I wrote my recent post on decision trees in mediation, accomplished mediator Jan Frankel Schau added her perspective on how she settles important cases on a related LinkedIn Commercial and Industry Arbitration and Mediation Group discussion. Jan, who publishes Schau’s Mediation Insights, told us she frequently uses decision trees, but adds that a similar tool can be used to help parties determine the likelihood a counteroffer will be accepted:
I draw a distinction between a Decision Tree — which I use routinely to highlight the expenses and risks of litigation, from a Risk Based Analysis — which I use more sparingly in coaching parties about making a More…
Categories: Mediation, Negotiation, Settlement
Add Your PerspectiveApril 29, 2010
Settlement Perspectives: The Newsletter, April 2010
A Brief FYI for Readers Seeing This as a Post Online:
This continues the series of Settlement Perspectives Newsletters I started in 2009, sent occasionally to those who have requested the email version. Future versions will be shorter, published monthly, and generally sent by email only. If you’d like to receive the next edition directly, feel free to send me an email or sign up using the space provided on the right and I’ll put you on the list. Thanks–
JD
______________
Dear Newsletter Reader–
Welcome to another issue of Settlement Perspectives’ occasional newsletter, designed to explore even further what we usually discuss — thoughts on how to resolve disputes and get your deal done.
These newsletters are designed to deliver three things:
- A preview of upcoming posts on Settlement Perspectives;
- Recent news, comments and miscellaneous information; and
- Links to recent posts on Settlement Perspectives.
Miscellaneous News, Comments and Events
I’m happy to report a few recent developments:
- New professional website. In February I launched johndegroote.com as More…
Categories: Blogging, Miscellaneous, Newsletters
5 PerspectivesApril 28, 2010
Avoiding the Limitations of Decision Trees: A Few Tips from Mediators Who Use Them
No tool is perfect, and decision trees are no exception. A few of the comments on prior posts in this series have explored some of the problems mediators and advocates have with decision trees and what we can do about them. Today we’ll explore both the problems some mediators see in decision tree analysis and how those mediators make the tool more effective for parties and their counsel.
Garbage In, Garbage Out
Garbage in, garbage out is a problem in all forms of data analysis. In decision tree analysis every input — from numerical values to probabilities to the construct of the diagram itself — affects the output, or the expected monetary value of your case. Los Angeles mediator Joseph C. Markowitz summed it up nicely in Quantifying Uncertainty:
One [kind of uncertainty that decision trees can never resolve] is the More…
Categories: Decision Trees, Mediation, Negotiation, Settlement, Tactics
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