6 PerspectivesApril 28, 2010
Avoiding the Limitations of Decision Trees: A Few Tips from Mediators Who Use Them
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…
Categories: Decision Trees,Mediation,Negotiation,Settlement,Tactics
4 PerspectivesApril 22, 2010
Decision Trees in Mediation: A Few Examples
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.
A Better Way to See the Dispute
Portland area mediator Debra Healy summarized the thoughts of many when she said that mediators can use decision trees as More…
Categories: Decision Trees,Mediation,Negotiation,Settlement,Tactics
2 PerspectivesApril 1, 2010
The Multi-Step Dispute Resolution Clause: A Few Reasons Why Clients Like Them
Last week we defined multi-step dispute resolution clauses and explored why a dispute resolution framework, negotiated before the contract is signed, can help businesses avoid litigation in many cases. This post will give you a few more reasons why your client might want a multi-step dispute resolution clause next time — even if a dispute seems unlikely.
To better understand why I spoke with my longtime transaction counsel Colleen Vossler last week, and she made her clients’ case clearly:
In my experience many clients with long-term contracts understand the intrinsic value of creating, at the outset of the relationship, a roadmap to follow when disputes arise. Importantly, the client shares the same roadmap with the other party – rather than creating separate roadmaps when the dispute is upon them. Clients who have experienced conflicts in long-term contracts, where the preservation of the relationship may have more value than in a short-term contract, often view these clauses as an insurance policy for when a dispute arises.
The “roadmap” provided by a multi-step dispute resolution clause More…
Categories: ADR,Communication,Negotiation,Settlement
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