Settlement Perspectives

Thoughts on how to resolve disputes and get your deal done.


Add Your PerspectiveNovember 25, 2013

Settlement the Way Your Clients Want It — The Presentation

It’s hard to imagine a better audience than the Dallas Bar Association’s Bench Bar Conference to discuss litigation, settlement, and new ways to look at both.  I recently got the chance to do just that, and the talk — and the debate that followed — were even better than I had imagined.

Clients often have a different perspective on settlement than their lawyers, and we had fun exploring why.

No, we didn’t start with stories about settlement.  We began with the Zig Ziglar’s take on how a newlywed couple cooked their fist roast — and we decided that just because we’ve been settling cases one way for the last 30 years doesn’t mean we need to settle cases the same way tomorrow.

I won’t repeat the whole talk here, but a few highlights include:

  • The quote from one of my old clients that first put it all into perspective for me:  “I’m not in the litigation business.  I’m in the business business.”
  • Why — and how — clients are different from the lawyers they work with;
  • How interests, rather than positions, really can serve as the foundation for a better settlement approach;
  • What Stage 3 Trust is, and why it’s important to you; and
  • A few examples of settlement processes — some of which are summarized here — that might work for your clients.

And it wasn’t all about settlement, either.  Since the power to negotiate is the power to walk away, we talked a bit about Early Case Assessment, what better settlement processes can do for courts’ dockets, and more.

Take a look at Settlement the Way Your Clients Want It — you’ll be glad you did.

Categories: ADR,Mediation,Negotiation,Settlement

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Settlement Perspectives
is the professional weblog
of John DeGroote.

I created this site to help clients and their counsel navigate the challenges that inevitably result from disputes, settlement efforts, impasse, and negotiation in general. The perspectives I bring are based on my experience, summarized in this abbreviated bio. If you have any questions or thoughts about this site, or an issue you’d like to see addressed, please email me at:


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