Download - What I Wish My Mediators Knew 2017
What I Wish My Mediators Knew
March 14, 2017
Copyright © 2017 DeGroote Partners, LLC 2
It Starts Before We Start
• Your• reputation
• web presence
• specialties
• success rate
• facilities
• …and more
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What You Do Is Important
• Advance calls
• Expectations and ground rules
• Do you know• the parties?
• the material?
• Attitude is important
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Your Rates Are Not That Important
• You do the math
• We understand value ≠ cost
• Higher cost can yield higher perceived value
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I Want Your Opinion
• When is important
• How is important
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Creative Techniques Can Help
• Decision tree analysis
• Non-binding arbitration
• High-low agreements
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Mediator’s Proposals Are Changing Mediation
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What Time Does It End?
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I Don’t Have To Settle It All Today
• Targeted adjournment
• Settle halfway
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I Know My Case May Not Fit In One Day
• Leverage nonsettlers’ remorse
• Follow-up
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What’s Next?
• The Deep Dive
• Settlement Counsel
• Planned Early Negotiation
Don’t let your case be something you spend a hundred grand a month on until everyone’s ready to deal with it.
“ “
Copyright © 2017 DeGroote Partners, LLC 12
About
Sachin BansalRoyal Bank of Canada
30 Hudson Street, 28th FloorJersey City, New Jersey 07302-4600
office 212 • 428 • 6216 cell 919 • 608 • 3218
• Royal Bank of Canada– Director and Senior Counsel – Litigation
• McKool Smith, P.C.• Paul Hastings• Duke Law School Wrongful Convictions Clinic
– Pro Bono Counsel (2009 – 2016)
• J.D., Duke University School of Law• B.A., Duke University
Copyright © 2017 DeGroote Partners, LLC 13
About
Anne Brooksher-YenCelanese
222 W. Las Colinas Blvd., Suite 900NIrving, Texas 75039
office 972 • 443 • 4655 [email protected]
• Celanese– Associate General Counsel
• Arnold & Porter• Winston & Strawn LLP• J.D., New York University School of Law• B.A., University of Arizona
Copyright © 2017 DeGroote Partners, LLC 14
About
Blake M. GuyDRS Technologies, Inc.
• DRS Technologies, Inc.– VP – Corporate Counsel– Chief Labor & Employment Counsel
• BearingPoint, Inc. (2003-2009)– Chief Litigation Counsel– Associate Corporate Counsel, Employment
• J.D., The College of William and Mary – Marshall Wythe Law School
• B.A., The College of William and Mary
office 703 • 896 • 7177 cell 240 • 271 • 8863
Copyright © 2017 DeGroote Partners, LLC 15
About
John DeGrooteDeGroote Partners, LLC
Hickory Street Annex501 S 2nd Avenue, Suite A-700
Dallas, Texas 75226
office 214 • 887• 3484 cell 214 • 288 • 6864
• Serves as mediator and arbitrator in significant business disputes.
• Serves as a privately-appointed corporate officer and director in select situations.
• Served from 2000 through 2008 as the Chief Litigation Counsel to KPMG Consulting/BearingPoint; 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.
• Appointed to serve as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust by the United States Bankruptcy Court for the Southern District of New York.
• 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.
• Received his mediation training from Pepperdine University's Straus Institute for Dispute Resolution in 2005.
• Serves as the Chair Elect to the State Bar of Texas ADR Section and the past Chair of the Dallas Bar Association's ADR Section.
• J.D., Duke University School of Law, 1990; B.A., Mississippi State University, 1986
John DeGroote is a former global company general counsel now focused on significant business disputes and special situations nationwide. He believes that hands-on leadership, early matter assessment, and aggressive project management drive results.
Copyright © 2017 DeGroote Partners, LLC 16
What Time Does It End?