1 PerspectiveMay 29, 2012

Why Settlement Counsel? A Lesson from the Scorpion and the Frog

“We do not ask our generals to be diplomats, nor our diplomats to be generals.”  William F. Coyne, Jr. used that quote to explain the concept of settlement counsel in a Negotiation Journal article over a decade ago, and I keep coming back to it.

Why does your litigator focus on what happened, rather than what you want?  Is there a reason she needs more depositions before she’s ready to talk settlement?  Why does she have a trial plan but not a settlement plan?

Why Your Litigator Does What She Does

Dallas-based settlement counsel Christopher Nolland recently told me that the story of The Scorpion and the Frog helps explain why we need special settlement counsel, and he’s right.  AesopFables.com tells the story as follows:

A scorpion and a frog meet on the bank of a stream and the scorpion asks the frog to carry him across on its back. The frog asks, “How do I More…

Categories: Miscellaneous,Negotiation,Selected Posts,Settlement,Settlement Counsel

5 PerspectivesNovember 9, 2011

The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth?

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…

Categories: Communication,Decision Trees,Negotiation,Resolution Tree,Selected Posts

10 PerspectivesMarch 30, 2010

Lawsuit Settlement: 7 Ways to Get There Faster, Better and Cheaper — The Presentation

Late last week I got the chance to present Lawsuit Settlement: 7 Ways to Get There Faster, Better and Cheaper to a great group of lawyers with a real stake in when cases settle at the Chief Litigation Officer Summit in Miami.  It’s always rewarding to speak with an audience that understands — and cares about — the topic, and this group of senior in-house lawyers reminded me why.

The PowerPoint, with Hyperlinks (and Directions)

After last week’s presentation I promised a few of the attendees I’d post a PowerPoint version of More…

Categories: ADR,Miscellaneous,Negotiation,Selected Posts,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