Settlement the Way Your Clients Want It
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Transcript of Settlement the Way Your Clients Want It
Copyright © 2013 John DeGroote Services, LLC
Settlement the Way Your Clients Want It
Sep 26, 2013
Dallas Bar Association • Bench/Bar Conference • Horseshoe Bay Marriott
Copyright © 2013 John DeGroote Services, LLC 2
How Do We Get There?
Copyright © 2013 John DeGroote Services, LLC 3
Today’s Roadmap
• Who Really -- Is -- Your
Client?
• What Does This Mean to
You?
• Design Your Next
Process
Copyright © 2013 John DeGroote Services, LLC
John, I'm not in the litigation
business. I'm in the business
business.
““
- A Dallas GC
Copyright © 2013 John DeGroote Services, LLC
• Risk Tolerance
• Incentives
• Constraints
• Audiences
5
What’s Different?
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So What Does This Mean To You?
6
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…and What Should You Avoid?
7
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Three Steps to Client Satisfaction
• Ask Them What They Want
• Adapt Your Process
• …and Manage Expectations
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Your Process: The Foundation
9
Don't let your case
be something you spend a
hundred grand a month on until
everyone's ready to deal with it.
““
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• Confidential Listener
• Planned Early Negotiation
• Settle Halfway
• Targeted Adjournment
10
Interests => Process
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•High/Low Agreement
•Non-Binding Arbitration
•Offer of Judgment
•Settlement Counsel
11
Process: Four More Examples
Copyright © 2013 John DeGroote Services, LLC 12
If you and the other side value your case
differently, at least one of
you is wrong.
Make sureit isn’t you.
Process: Where Are You?
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Process: Your Role
13
Are You Litigating the Case,
or
Solving the Problem?
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Process: The Alternative
14
So is there room for great trial counsel?
The power to negotiate is the power to walk away.
Copyright © 2013 John DeGroote Services, LLC
John DeGrootePresident, John DeGroote Services, LLC
John DeGroote is a former global company general counsel now serving as a mediator, arbitrator and court-appointed trustee in significant disputes. He believes that hands-on leadership, early matter assessment, and aggressive project management drive results.Serves as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust through John DeGroote Services, LLC.
Served from 2000 through 2008 as the Chief Litigation Counsel to KPMG Consulting/BearingPoint; eventually led a team of over 40 in-house lawyers around the globe as the Company's Chief Legal Officer from 2008 through late 2009, when he became the Company's President.
Previously practiced with the law firms of McKool Smith, P.C. and Jackson Walker, L.L.P., with a focus on complex technology, commercial, and intellectual property litigation matters against and for various Fortune 500 companies.
Currently serves as settlement counsel to select clients involved in significant disputes.
Received his mediation training from Pepperdine University's Straus Institute for Dispute Resolution in 2005. Has participated in over 200 mediations in approximately 20 states as a client executive, as outside or in-house counsel, and as a party.
Serves as a co-founder to online decision tree tool ResolutionTree.com and comments on litigation management, settlement techniques and negotiation strategies at settlementperspectives.com.
• J.D., Duke University School of Law, 1990
15
• B.A., Mississippi State University, 1986
Copyright © 2013 John DeGroote Services, LLC
Contact
16
John DeGrootePresident, John DeGroote Services, LLC
web johndegroote.com
email [email protected]
office (214) 887-3484
presentations slideshare.net/johndegroote
address Hickory Street Annex501 S 2nd Avenue, Suite A-700Dallas, Texas 75226
Copyright © 2013 John DeGroote Services, LLC
Additional Resources
17
• The Early Case Assessment Checklist
• Settlement Counsel: 10 Free Internet Resources
• What I Wish My Mediators Knew (Presentation)
• Zen Unicorn: 4 Mediator Marketing Lessons from Seth Godin
• The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth?
Copyright © 2013 John DeGroote Services, LLC