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

http://degrootepartners.com/wp-content/uploads/2015/11/Map-to-DeGroote-Partners-LLC.pdf

http://degrootepartners.com/mediation-facilities-john-degrootes-perspective-highlighted-by-state-bar-adr-section/


What You Do Is Important

• Advance calls

• Expectations and ground rules

• Do you know• the parties?

• the material?

• Attitude is important


Your Rates Are Not That Important

• You do the math

• We understand value ≠ cost

• Higher cost can yield higher perceived value

http://news.stanford.edu/news/2008/january16/wine-011608.html


I Want Your Opinion

• When is important

• How is important

http://marksadr.com/evaluation.html


Creative Techniques Can Help

• Decision tree analysis

• Non-binding arbitration

• High-low agreements

http://settlementperspectives.com/2009/01/decision-tree-analysis-in-litigation-the-basics/

http://settlementperspectives.com/2008/10/non-binding-arbitration-get-your-day-in-court-without-one-day-in-court/

http://settlementperspectives.com/2008/12/what-high-low-agreements-can-do-for-you-settlement-structures-part-iii/


Mediator’s Proposals Are Changing Mediation

http://settlementperspectives.com/2008/12/the-mediators-proposal-a-great-tool-for-yesterdays-disputes/


What Time Does It End?


I Don’t Have To Settle It All Today

• Targeted adjournment

• Settle halfway

http://settlementperspectives.com/2008/10/how-do-you-settle-halfway-settlement-structures-part-ii/

http://www.plaintiffmagazine.com/images/issues/2009/06-june/reprints/Krivis_Dont-be-the-terminator_Plaintiff-magazine.pdf


I Know My Case May Not Fit In One Day

• Leverage nonsettlers’ remorse

• Follow-up

http://settlementperspectives.com/2008/09/rule-68-and-offers-of-judgment-part-iii-9-situations-where-they-just-might-work/


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.

“ “

http://www.settlementperspectives.com/2012/05/why-settlement-counsel-a-lesson-from-the-scorpion-and-the-frog/

http://law.missouri.edu/lande/book/


About

Sachin BansalRoyal Bank of Canada

30 Hudson Street, 28th FloorJersey City, New Jersey 07302-4600

office 212 • 428 • 6216 cell 919 • 608 • 3218

[email protected]

• 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


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


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

[email protected]


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

[email protected]

• 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.


What Time Does It End?