7 PerspectivesFebruary 13, 2009

Settlement Advice: Avoid the Assembly Line

The other day I wrote a post about trust. It was a simple post, really. I recounted a story about a recent tire purchase where I asked for four new tires, and my service rep convinced me I only needed three. I trust her more now than I did before, and to most this would hardly be a controversial result. It took a lawyer at Legal OnRamp to turn this ordinary lesson in trust into much more.

An Unexpected Lesson at Legal OnRamp

Soon after publishing my post I stumbled across a reply on Legal OnRamp, More…

Categories: Communication,Fundamentals,Settlement

16 PerspectivesJanuary 4, 2009

Decision Tree Analysis in Litigation: The Basics

A sample Decision Tree, available in .pdf format here.

I remember my first mediation decision tree. It was late in the day, just before impasse, and our mediator was desperate to show my client and me that we had misvalued the case.  As he sketched it for us the approach made sense, but that was no time to pick up a new technique.  His effort ended no different than most attempts to learn about decision trees on the fly — with a confused client, a frustrated mediator and a lawyer about to change the subject.

Fifteen years later I know the value of a decision tree and, just as important, how to really use one — in connection with settlement discussions and as a part of an Early Case Assessment before settlement talks begin. Admittedly they take a little effort and some practice, but whether you’re a lawyer or a mediator or their client, you’ll see one soon. Knowing what a decision tree is and how to diagram yours More…

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

1 PerspectiveDecember 28, 2008

Early Case Assessments: An Updated Index to Settlement Perspectives’ ECA Posts

“If you and the other side value the case differently, at least one of you is wrong.”  Settlement Perspectives’ Early Case Assessment series started with this premise, and there’s more on this topic to come.

This is a quick index to Early Case Assessment posts on Settlement Perspectives so you can find them all in one place — and we’ll be sure to keep this list updated as new ECA content arrives.

Early Case Assessment Posts:  An Index

ECA posts on Settlement Perspectives include the following:

• Easier Said Than Done: Early Case Assessments Part I: The Definition of Early Case Assessment — and a brief discussion of what it’s not.
• The Early Case Assessment Checklist: Early Case Assessments Part II: The 15 items on the Early Case Assessment Checklist, grouped by category to keep them organized.
• Putting the Checklist into Action: Early Case Assessments Part III: Four important ideas, admittedly based on mistakes I have made, that will make your ECA efforts more effective.
• Better Settlements from Better Information: Early Case Assessments IV: Why, if you plan to settle your case, a thorough ECA will be worth the investment it will require.
• Better Docket Management Through Early Case Assessments: ECAs Part V:  More than a few reasons why ECA is a good idea even if you don’t plan to settle.
• The Partner Focus Group:  An Easy Way to Get the Extra Perspective You Need:  Because sometimes you need another perspective.
• CPR Publishes New Early Case Assessment Guidelines:  Additional resources to assist you with your ECA.
• Early Case Assessments:  More on the ECA Toolkit from PD Villareal:  Excerpts from an interview with one of the pioneers in Early Case Assessment.

Happy Holidays to you and yours.

Categories: ECA,Fundamentals,Selected Posts,Settlement

Add Your PerspectiveNovember 18, 2008

“Blink”: Why No One Starts with a Clean Slate

The call comes in from out of the blue.  You don’t know her;  it’s Jen Spaziano, and she represents the company your client is — or perhaps was — merging with.  Apparently there is a problem, and she is proposing to mediate before litigation.  Your fingers work the keyboard to figure out who she is while she’s still talking:  Skadden.  Partner.  Woman.  Pepperdine Law 1995, summa cum laude.  Boston College undergrad.  You begin to react.  Do you respond any differently than if the call came from Bill Adams?  Of course you do.

Blink:  One Professional Starts with a Clean Slate

In negotiation no one starts with a clean slate; we file that lawsuit, we walk into that conference room, or we place that call, and our identities are immediately revealed.   More…

Categories: Communication,Fundamentals,Negotiation,Strategy