1 PerspectiveAugust 2, 2012
Tomorrow I’ll be joining my longtime friends Frank Vecella and Robert Manley to present “Effective Litigation Management: Doing a Good Job at ‘Herding Cats’” at the TexasBarCLE’s 11th Annual Advanced In-House Counsel Course. This project has been fun, productive, and educational so far, and we’re looking forward to Friday.
Hyperlinks to the PowerPoint and the Paper
The slides we plan to present, and the paper that accompanies the presentation, are available in the following formats using the following hyperlinks:
- The Paper, in .pdf format, can be accessed using this link.
- The Presentation, in PowerPoint format, can be accessed using this link.
Take a look at the presentation — you’ll be glad you did.
5 PerspectivesNovember 9, 2011
What’s your dispute worth – to you and to the other side? It’s hard to imagine settling without knowing the answer, and a decision tree can be a critical tool to help you get there. As I have said before, there are plenty of reasons why we should use decision trees, but – until now – there hasn’t been a step by step guide detailing how to use them. It’s time to change that.
Smith v. BiggCo, Inc. – Case Background
To demonstrate how to create a decision tree I have used a few screenshots from Resolution Tree, a decision tree product from my friends at Unit Interactive and me. In this decision tree, you represent Smith, who plans to sue More…
6 PerspectivesApril 28, 2010
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…
4 PerspectivesApril 22, 2010
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.