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
2 PerspectivesMarch 22, 2010
Another Look at How the Brackets Work
It’s no secret that I went to Duke Law School and I’m happy to see the Blue Devils advancing through the NCAA Tournament brackets this year, but this isn’t a post about basketball. I wander off topic every now and then, but there are limits.
This post is about bracketing — one of the more important, and overlooked, aspects of negotiation. First, a summary:
In negotiation no number is irrelevant, and no proposal is ever forgotten. Every offer you make, every figure you float, and every potential path to settlement you communicate to the other side will forever impact your negotiations.
Negotiators ignore this rule at their peril.
What Are Negotiation Brackets?
The message from my client’s deal lawyer was as informative as it was economical: “We’re bracketed at 250 and 400.” With this shorthand he More…
Categories: Communication,Fundamentals,Negotiation,Settlement,Tactics
Add Your PerspectiveMarch 19, 2010
Multi-Step Dispute Resolution Clauses: 7 Reasons They Work
As we have discussed before, the best way to spend less on litigation is to have less litigation. Yes, sometimes it is better to litigate, and yes, settlement talks are hollow if you can’t walk away from the negotiation table, but most clients prefer to avoid litigation when they can. So how do you accomplish that? The multi-step dispute resolution clause is a good start.
Back in my days as outside counsel I handled a major dispute for a Fortune 500 IT services firm involving one of its larger clients, and I got plenty of time to think about how, and why, tiered dispute resolution clauses work. As soon as I moved in-house, I added these clauses to KPMG Consulting’s standard contracts, and the results were outstanding — we litigated with our clients less and got back to business sooner. This post will give you a few reasons why you might want to include a multi-step dispute resolution clause in your next major contract.
A Definition for the Multi-Step Dispute Resolution Clause
The multi-step dispute resolution clause, sometimes referred to as an “executive escalation clause,” an “escalating levels of management clause,” or a “tiered dispute resolution clause,” is often discussed but not often defined. I define it More…
Categories: ADR,Arbitration,Mediation,Negotiation,Settlement
7 PerspectivesMarch 11, 2010
Toward Better Client Service: A Few Questions for Outside Counsel
In a world of alternative fees, law firm convergence, the ACC Value Challenge and more, what does the client really want? Is it lower fees, predictable expenses, more “value” for the company’s legal dollar, or something else? What’s the best way for a law firm to respond? It turns out that clients are eager to share the answers to all these questions — all you have to do is ask.
A few months ago the lawyers at DrinkerBiddle did just that — they asked. The firm invited a few of us with real experience as clients to the firm’s partner retreat to share our perspectives on client service. They got what they asked for.
The Question Outside Counsel Don’t Ask Often Enough
As soon as we began our talk it became clear that I wasn’t the only one who had thought about the law firm/client relationship before we got there. One of my co-panelists, P.H. Glatfelter Company’s GC Thom Jackson, started by sharing a simple question that outside counsel apparently don’t ask him often enough: More…
Categories: Communication,Fundamentals,Miscellaneous,Settlement
Settlement Perspectives
is the professional weblog
of John DeGroote.
I created this site to help clients and their counsel navigate the challenges that inevitably result from disputes, settlement efforts, impasse, and negotiation in general. The perspectives I bring are based on my experience, summarized in this abbreviated bio. If you have any questions or thoughts about this site, or an issue you’d like to see addressed, please email me at:
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Selected Posts
- Why Settlement Counsel? A Lesson from the Scorpion and the Frog
- The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth?
- Lawsuit Settlement: 7 Ways to Get There Faster, Better and Cheaper — The Presentation
- Early Case Assessments: An Updated Index to Settlement Perspectives’ ECA Posts
- Why It May Be a Bad Idea to “Send them a Message”
