2 PerspectivesDecember 4, 2009

Delivering Bad News in Negotiation: How Big Is Your Conference Room?

The conference table had 40 chairs, and my client’s team filled almost half of them.  We had been asked to show up with the folks needed to get a deal done, and the backchannel weekend chatter had all been positive.  As the meeting began, our optimism crashed as the other side went on the attack, denying my client’s most important request and questioning why it had ever been included.

People usually need to hear the truth whether it’s convenient or not, but there’s more than one one way to convey a difficult message.  How often have you seen someone delight in dropping bad news onto the conference table as the meeting begins?  The adrenaline rush might satisfy some, but does this approach do any good?

Thank You for Your Interest

The lawyer who delivered the bad news to my team that day prided himself in his aggressive persona, and his performance was true to his reputation.  Unfortunately his glee was short-lived; my team and I worked night and day to More…

Categories: Communication,Fundamentals,Mediation,Negotiation,Settlement,Tactics

Add Your PerspectiveJune 10, 2009

Settlement Perspectives to Return June 18th

As you know from my most recent post, I haven’t exactly been on vacation.  That said, I finally made it to the beach this week — I’m at Pepperdine’s 22nd Annual Summer Professional Skills Program in Dispute Resolution at the Straus Institute for Dispute Resolution in Malibu.  Let’s see what a few days with some old friends (and a few new ones) in the dispute resolution field can do.

I look forward to rejoining the conversation when I return on June 18th.  Thanks for your patience –

JD

Categories: Mediation,Miscellaneous

2 PerspectivesJune 6, 2009

Settlement Perspectives: The Newsletter, June 2009

A Brief FYI for Readers Seeing This as a Post Online:

This continues the series of Settlement Perspectives Newsletters I started in January, sent occasionally to those who have requested the email version. If you’d like to receive future editions 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. Future newsletters will be posted here only occasionally. Thanks–

JD

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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:

1. A preview of upcoming posts on Settlement Perspectives;
2. Recent news, comments and miscellaneous information; and
3. Highlights of recent posts on Settlement Perspectives.

A Quick Restructuring Update

As many of you know from my most recent post, BearingPoint, Inc., the company I serve as general counsel, filed a voluntary Chapter 11 Petition before the U.S. Bankruptcy Court for the Southern District of New York on February 18th.  I have linked to a few of BearingPoint’s press releases issued since then, which should explain why you haven’t heard much from me lately.  Since our initial Chapter 11 filing we:

1. Announced the planned sale of substantially all of our businesses to a number of parties, including our agreement to sell BearingPoint’s Public Sector business unit to Deloitte LLP;
2. Closed the sale of BearingPoint’s Public Sector business unit to Deloitte LLP;
3. Signed and later closed an agreement to sell BearingPoint’s Japan operations to PWC Advisory Co., Ltd.; and
4. Signed an agreement to sell BearingPoint’s Commercial Services business unit to PricewaterhouseCoopers, LLP and obtained court approval for that sale following an all-night auction that was an experience unlike any other.

Other News, Comments and Events

I am happy to report that the ACC Docket featured as its May 2009 cover article a piece that Wendy Toolin Breau of Ernst & Young and I coauthored on managing insurance relationships in the midst of significant litigation, entitled “‘Bet the Company’ Litigation from a Policyholder’s Perspective”.  You’ll see a follow-up post (or two) to this article in August.

I’m also happy to include links to the materials from two of the presentations More…

Categories: Blogging,Mediation,Miscellaneous,Newsletters

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