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

1 PerspectiveNovember 16, 2008

The National Arbitration Forum Blog: A Great Resource Turns Four

In September I wrote Come on In, the Water’s Fine to mark the end of this site’s first month in the blogosphere. While Settlement Perspectives’ 30-day anniversary was hardly the time for a memoir, it still felt like a milestone. But on Friday I ran across The National Arbitration Forum Blog’s most recent post: Celebrate the National Arbitration Forum Blog’s 4th Birthday. Four years of great content. I am truly impressed.

The Forum’s Fourth Birthday Post lists “some of the most talked about posts of the last year,” and it links to some good ones.  I’ll say “Happy Birthday” by doing a bit of the same from my own perspective — the following are a few of my favorite posts from the past four years at The National Arbitration Forum Blog, in no particular order: More…

Categories: Arbitration,Blogging,Education,Fundamentals,Mediation,Miscellaneous

2 PerspectivesNovember 14, 2008

One Secret the Two Million Miler Club Has Taught Me

I’ll never forget a presentation by the Chief Litigation Counsel of a well-known tool company who complained about how long it takes to learn whether a newly-alleged product defect is really unsafe or not.  He told us that the first lawsuit outlining the defect takes time to serve, the charges take time to digest, and interrogatories and depositions can take months to complete before he can get to an answer.  All these delays prevent him from learning whether his product is really dangerous.

There is a better way.  As I write this I’m in seat 20B.  Perhaps he should be sitting next to me.

$24 Can Buy a Lot These Days

A few years ago one of my clients called to tell me a lawsuit was on the way.  After several years of efforts to unwind a joint venture, my client and my client’s partner had broken off negotiations.  The other side would wait no longer to get their money out of the deal, and five minutes with the file told me why.   More…

Categories: Communication,Negotiation,Settlement,Tactics

3 PerspectivesNovember 11, 2008

Better Docket Management Through Early Case Assessments: ECAs Part V

Early Case Assessments drive better settlements — we discussed why in Part IV, but we haven’t talked about whether an Early Case Assessment is a good idea if you don’t plan to settle. If yours is the lawsuit sure to go to trial, does an ECA still make sense? I think you know the answer.

It takes time, effort and money to make your way through the Early Case Assessment Checklist, but Early Case Assessments mean better case management — and more responsible docket management — even if your case goes the distance. This post will highlight how you’ll save money, and ultimately get better results overall, with Early Case Assessments whether you settle or not. More…

Categories: ECA,Miscellaneous