meeting in the middle embracing negotiat ion to protect

business interests and relat ionships

by er ic pesik l i t igat ion as ia summit

may 20, 2012, marina bay sands

negotiation

I hate litigation

business people hate litigation

*except patent trolls

they hate “it depends...”

businesses create value

litigation destroys value

you can’t avoid disputes

how do you avoid litigation?

especially for the wrong reasons

solve disputes early

protect the business relationship

settle don’t litigate

assumptions

litigation as a last resort

business disputes

beneficial relationships

desirable to protect

background

corporate lawyer

divorce lawyer

what’s the connection?

I’m not special

complexity of the facts

personalities of the clients

skills the lawyers

direction of negotiations

expectations of the clients

client expectations

clients are influenced by emotions

business judgment

same standard

one more business risk

one more business opportunity

emotionally charged

ego

emotional investment

clouded perceptions

case study #1 “meeting in the middle”

fighting over a fan

lawyers can help or hurt

knock down barriers

respect versus credibility

best possible position

arguing in the alternative

extreme interpretation

but we don’t like it

build credibility

no unreasonable positions

don’t escalate the dispute

don’t intimidate and bully

results in destroyed credibility

build trust to build relationships

make credible claims

see your position

see the facts

take a reasonable business position

build empathy

consider commercial impact

know the business people

understand their personalities

their expectations

their pressures

focus on business relationship

the client is not always right

clients make mistakes

do we litigate only when we are right?

only one winner

50/50 chance

everybody thinks they’re right

case study #2 “meeting in the middle (again)”

are you fighting over a fan?

protecting the company

protecting own employees

protecting own department

protecting themselves

rebuked if wrong

believing themselves right

bad judgment

behaving unfairly

being irrational

most favorable to themselves

face unfavorable facts

might be wrong

understand the dispute

rational and credible

thoughtful consideration

reasoned judgment

not posturing

building empathy

building credibility

no single approach

stay out of negotiations

lawyers involved too early

I’m a lawyer I’m here to help

unreasonable expectations

case study #3 “sleeping with the enemy”

company nemesis

your enemy

defensive overreaction

seeking legal advantage

business should trump litigation

emotional block

outside litigation counsel

over lawyering

lawyering in the background

business people negotiate

advise from behind the scenes

support business judgment

withdraw from negotiation

case study #4 “please go away”

business relationship

lawyers go away

advising outside negotiations

business opportunity

the myth of win-win outcomes

don’t assume there is a win-win

some things are zero-sum

do look for ways to create value

get your share of the value-add

relationships are the win

conclusion

negotiation

client expectations

credibility

the client is not always right

stay out of negotiations

the myth of win-win outcomes

questions?

meeting in the middle

by er ic pes ik l i t igat ion as ia summit

may 20, 2012, mar ina bay sands for more informat ion contact er ic@pes ik .net

Unless otherwise specified below, all images from Microsoft Office Online. Used with permission from Microsoft: http://office.microsoft.com/en-us/images/ Other images from flickr Creative Commons Attribution license: Businessmen in Meeting By Allen Sima http://www.flickr.com/photos/allensima/6033657657/ Talk to the Hand By NMR Photo http://www.flickr.com/photos/jinx1380/4983207375/ No Pictures by Dplanet http://www.flickr.com/photos/dplanet/94442623/ Revtank Outtakes by Mish Sukharev http://www.flickr.com/photos/mishism/5371074626/ Cash By JMR_Photography http://www.flickr.com/photos/jmrosenfeld/2903513401/ Money on Fire by Images of Money http://www.flickr.com/photos/59937401@N07/5857379974/ Houses on Coins By Images of Money http://www.flickr.com/photos/59937401@N07/5474806608/ Businessman by Kripptic http://www.flickr.com/photos/kripptic/1954828422/

Calexico by Lali Masriera http://www.flickr.com/photos/visualpanic/2923046161/ Sienese Businessman by John Kelly http://www.flickr.com/photos/thrillho/2735391270/ When the Sun Went Down, By Gideon Wright http://www.flickr.com/photos/27787901@N06/5362197490/ Meeting by Voka Kamer van Koophandel Limburg http://www.flickr.com/photos/vokakvklim/4522283313/ Workshop by Fabrisalvetti http://www.flickr.com/photos/fabrisalvetti/431625236/ Woman With Notepad by Jerry Bunkers http://www.flickr.com/photos/76266195@N08/7122179181/ Adjust Tie by Dplanet http://www.flickr.com/photos/dplanet/94441582/ Punch by Adam J Merton http://www.flickr.com/photos/adamjmerton/5354639620/