helping leaders avoid litigation costs
TRANSCRIPT
Thank You!
FOR HONEST DISCUSSIONS THAT KEPT THE DESIGN OF FIRST COURT
FAIR TO BOTH SIDES, WE GRATEFULLY ACKNOWLEDGE:
The Problem: Costs
FOR MANY DISPUTES, THE AMERICAN LITIGATION SYSTEM COSTS TOO MUCH IN TERMS OF TIME, MONEY AND STRESS.
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
The Solution:
A DIFFERENT MINDSET.
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
1. DIRECT NEGOTIATIONS HAVE BROKEN DOWN
2. DEFENSE COUNSEL HAVE NOT YET BEEN HIRED
3. COSTS HAVE ALREADY EXCEEDED $15,000
4. LIABILITY IS CLEAR
5. LIABILITY IS HOTLY DISPUTED
6. YOU ARE READY FOR MEDIATION
7. YOU ARE READY FOR TRIAL
8. THE FACTS/LAW ARE EXTREMELY COMPLICATED
The Mindset of Our Negotiators is Flexible. They Fairly Resolve Disputes in Which…
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
The Goal for Those Using First Court
The goal is to cooperate in closing a file quickly – as long as that is in your own self-interest.
The goal is NOT to prepare for trial.
You will have plenty of time for that in cases when a trial is actually necessary.
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
We Assume: People Will Work Harder When a Resolution is Close at Hand
INFO GATHERING BECOMES AN URGENT PRIORITY
CREATIVE IMPASSE BREAKING BECOMES ACCEPTABLE
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Key Question What do You Need to Resolve THIS Case?
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
I Need More Information1
We Harness Self-Interest & Cooperation To Get the Information You Need
1. Authorizations to Release
2. Documents and Photographs
3. Reports & Stipulated Reports
4. Written Questions – Answered Under Oath
5. Interviews and/or Depositions
Phone
Videoconference
In-person
Key: People Will Work Harder When a Resolution is Close
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
I Need More Information1
Key Question What do You Need to Resolve THIS Case?
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
I Need To Break an Impasse2
This measures the REAL settlement gap between the parties, and closes many files in 18 minutes, with no travel.
Good For: Safely cutting through the posturing in any negotiation.
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #1
Settlement Testing
We arrange a local mediator to mediate on a videoconference for an hour or two.
Good For: Parties with an ongoing relationship, and for apologizing.
Impasse Breaker #9
Video Mediation
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
First Court analyzes the case and asks each side to accept a particular number.
Good For: Bridging smaller gaps.
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #7
The Magic Number
We hire local jurors to hear the parties and deliberate to a verdict, usually with a high/low.
Good For: Larger cases where parties are in different universes.
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #3
Settlement Trial
First Court gets detailed feedback on key issue from a dozen local jurors using our web survey tool.
Good For: Bridging smaller liability and damage gaps
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #11
The Juror Survey
We hire locally respected lawyers and retired judges to guide parties on disputed law.
Good For: Resolving cases blocked by evidentiary or summary judgment disputes.
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #4
Persuasive Legal Authority
First Court hires an expert, agreed upon by the parties, to give an unbiased evaluation of a highly technical issue.
Good For: A Battle of the Experts
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Impasse Breaker #8
The Neutral Expert
The above are examples from past cases. But every case is different. We may create something entirely NEW to resolve your dispute.
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Our Flexible Format Allows for MANY Impasse Breakers
First Court is Friendly for Adjusters & Plaintiffs
DEFENSE LAWYERS ARE WARMLY WELCOMED, BUT RARELY REQUIRED
I Need To Break an Impasse2OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
No Selling Required FIRST COURT EXPLAINS THE PROCESS TO THE OTHER SIDE, ANSWERS ALL QUESTIONS, KEEPS THE PARTIES ON TRACK & CHAMPIONS A RESOLUTION
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
The fee is $495/party.
ENSURES PROCESS TAKEN SERIOUSLY COVERS GETTING MORE INFORMATION COVERS SETTLEMENT TESTING EXTRA IMPASSE BREAKING MAY COST
MORE Extra costs are always pre-approved by clients
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
But… it’s the Mindset of the Parties that Really Matters
1. PREMISES
2. MVA
3. TRUCKING
4. CONSTRUCTION
5. MALPRACTICE
6. BAD FAITH
8. MISCONDUCT
9. CONSTRUCTION DEFECT
10. PRODUCT LIABILITY
11. OIL FIELD/INDUSTRIAL
12. CATASTROPHIC INJURY
13. WRONGFUL DEATH
These Specific Cases Are Good Fits for First Court
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
To Protect Our Client’s Time, Every Negotiator
in Our System Must be Pre-Qualified
Click Yellow “Schedule a Demo” Button Below
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Schedule a 15-minute demo at your convenience…
Or alternatively go to: http://FirstCourt.com/schedule
Next Leadership Steps
1. GET PRE-QUALIFIED YOURSELF (15 MIN)
2. GET YOUR KEY PEOPLE PRE-QUALIFIED
3. ASK EACH KEY PERSON TO SEND ONE CASE/MONTH INTO FIRST COURT Meaningful statistics will emerge in 12 months
A steady and determined start will grow into dramatic improvement because “Nothing succeeds like success”
Note: Bulk discounts may also be available
OVERVIEW - The Problem - The Solution
CASE RESOLUTION - More Information - Breaking Impasses
IMPASSE TOOLS - Settlement Testing - Video Mediation - Magic Number - Settlement Trial - Juror Survey - Authorities - Neutral Expert - Customize
PRACTICAL USE
CONCLUSION
Tel. 855-908-9089 FirstCourt.com/adr
Confirm Demo/Ask Questions: