1 PerspectiveJanuary 29, 2009

Settlement Perspectives: The Newsletter

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

This is the first in a series of monthly(ish) newsletters to be sent by email to those who have signed up for Settlement Perspectives’ occasional newsletter. If you wish to receive future newsletters by email, please feel free to sign up in the space provided on the right or send me an email 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 the first issue of Settlement Perspectives’ monthly(ish) newsletter, designed to explore even further what we usually discuss — thoughts on how to resolve disputes and get your deal done.

A natural question to ask before we publish the first newsletter is whether More…

Categories: Blogging,Miscellaneous,Newsletters

2 PerspectivesJanuary 21, 2009

Why Should You Try a Decision Tree in Your Next Dispute?

We recently explored what decision trees are and how to create them in Decision Tree Analysis: The Basics. While it’s important to revisit the basics on occasion, it seems the biggest hurdle for decision trees isn’t teaching people that this tool is out there — it’s convincing mediators, lawyers and their clients to actually try them in the first place. Why should you?

From the client’s perspective there are two good reasons to use decision trees: better decisions and happier clients.

Do we take the case to trial, do we settle it, or do we do something in between? And what makes you think so? Clients have always looked to their lawyers for More…

Categories: Communication,Decision Trees,Miscellaneous,Settlement

3 PerspectivesJanuary 2, 2009

How Close Are We? Another Way a Mediator Can Help

Have you ever wanted to know what the other side really wants in a case?  They’re sure to posture and ask for one thing, but have you ever wondered what they’re really looking for before everyone gets further entrenched?  There is a way to find out.

I learned how you can tell if you and the other side are really that far apart in a dispute with one of the world’s more experienced defendants. We had met before and a lot of money was at stake, and sending a settlement demand to these folks would have been pointless — no matter what I demanded it would be too much. I suspected we privately valued the case the same way, but nobody opens a case with his bottom line position. We’d have to litigate for years to More…

Categories: ADR,Arbitration,Miscellaneous,Settlement,Tactics

1 PerspectiveDecember 17, 2008

Rule 68 Offers: A Few Sample Forms to Get You Started

A few months ago we first discussed how valuable Rule 68 can be in Rule 68 and Offers of Judgment, Part I:  How they Work and Why You Should Care, and that initial post has evolved into this series on Rule 68. I have recently heard from a few readers who are new to offers of judgment, with several looking for sample Rule 68 Offers to help get them started. This is a quick post to do just that.

A Few Sample Rule 68 Offers of Judgment

Attached are four Rule 68 Offers actually submitted in California, Michigan, More…

Categories: Miscellaneous,Rule 68,Settlement,Tactics