3 PerspectivesApril 22, 2010

Decision Trees in Mediation: A Few Examples

It’s no secret that I believe decision trees can make a difference as you try to settle your next lawsuit, and my series on decision trees will tell you why.  But I’m not the only one.  Your comments to my prior posts, our follow-on discussions since then, and a little research confirm that a confident minority of mediators and litigators use them, too.  This post is the first of three over the next few weeks that will give you real-life examples of how decision trees are used to settle disputes.

How do mediators and advocates use decision trees in mediation? A month or two ago we had a great discussion among the Commercial and Industry Arbitration and Mediation Group on LinkedIn styled “Do You Use Decision Trees in Your Mediation Practice?” More than a few mediators and negotiators spoke up, with each providing insight into how decision trees can help get your case settled.  I’ll highlight some of those tips, and a few more from other sources, in this and subsequent posts over the next two weeks.

A Better Way to See the Dispute

Portland area mediator Debra Healy summarized the thoughts of many when she said that mediators can use decision trees as More…

Categories: Decision Trees, Mediation, Negotiation, Settlement, Tactics

Add Your PerspectiveApril 1, 2010

The Multi-Step Dispute Resolution Clause: A Few Reasons Why Clients Like Them

Last week we defined multi-step dispute resolution clauses and explored why a dispute resolution framework, negotiated before the contract is signed, can help businesses avoid litigation in many cases.  This post will give you a few more reasons why your client might want a multi-step dispute resolution clause next time — even if a dispute seems unlikely.

To better understand why I spoke with my longtime transaction counsel Colleen Vossler last week, and she made her clients’ case clearly:

In my experience many clients with long-term contracts understand the intrinsic value of creating, at the outset of the relationship, a roadmap to follow when disputes arise. Importantly, the client shares the same roadmap with the other party – rather than creating separate roadmaps when the dispute is upon them. Clients who have experienced conflicts in long-term contracts, where the preservation of the relationship may have more value than in a short-term contract, often view these clauses as an insurance policy for when a dispute arises.

The “roadmap” provided by a multi-step dispute resolution clause More…

Categories: ADR, Communication, Negotiation, Settlement

10 PerspectivesMarch 30, 2010

Lawsuit Settlement: 7 Ways to Get There Faster, Better and Cheaper — The Presentation

Late last week I got the chance to present Lawsuit Settlement: 7 Ways to Get There Faster, Better and Cheaper to a great group of lawyers with a real stake in when cases settle at the Chief Litigation Officer Summit in Miami.  It’s always rewarding to speak with an audience that understands — and cares about — the topic, and this group of senior in-house lawyers reminded me why.

The PowerPoint, with Hyperlinks (and Directions)

After last week’s presentation I promised a few of the attendees I’d post a PowerPoint version of More…

Categories: ADR, Miscellaneous, Negotiation, Selected Posts, Settlement

1 PerspectiveMarch 22, 2010

Another Look at How the Brackets Work

It’s no secret that I went to Duke Law School and I’m happy to see the Blue Devils advancing through the NCAA Tournament brackets this year, but this isn’t a post about basketball.  I wander off topic every now and then, but there are limits.

This post is about bracketing — one of the more important, and overlooked, aspects of negotiation.  First, a summary:

In negotiation no number is irrelevant, and no proposal is ever forgotten.  Every offer you make, every figure you float, and every potential path to settlement you communicate to the other side will forever impact your negotiations.

Negotiators ignore this rule at their peril.

What Are Negotiation Brackets?

The message from my client’s deal lawyer was as informative as it was economical:  “We’re bracketed at 250 and 400.”  With this shorthand he More…

Categories: Communication, Fundamentals, Negotiation, Settlement, Tactics