Meeting in the Middle: Embracing Negotiation to Protect Business Interests and Relationships, by Eric Pesik, presented at Litigation Asia Summit 2012, Singapore

1. meeting in the middle
embracing negotiation to protect
business interests and relationships

2. by eric pesik
litigation asia summit
may 20, 2012, marina bay sands

3. negotiation

4. I hate litigation

5. business people hate litigation

6. *except patent trolls

7. they hate “it depends...”

8. businesses create value

9. litigation destroys value

10. you can’t avoid disputes

11. how do you avoid litigation?

12. especially for the wrong reasons

13. solve disputes early

14. protect the business relationship

15. settle don’t litigate

16. assumptions

17. litigation as a last resort

18. business disputes

19. beneficial relationships

20. desirable to protect

21. background

22. corporate lawyer

23. divorce lawyer

24. what’s the connection?

25. I’m not special

26. complexity of the facts

27. personalities of the clients

28. skills the lawyers

29. direction of negotiations

30. expectations of the clients

31. client expectations

32. clients are influenced by emotions

33. business judgment

34. same standard

35. one more business risk

36. one more business opportunity

37. emotionally charged

38. ego

39. emotional investment

40. clouded perceptions

41. case study #1
“meeting in the middle”

42. fighting over a fan

43. lawyers can help or hurt

44. knock down barriers

45. respect versus credibility

46. best possible position

47. arguing in the alternative

48. extreme interpretation

49. but we don’t like it

50. build credibility

51. no unreasonable positions

52. don’t escalate the dispute

53. don’t intimidate and bully

54. results in destroyed credibility

55. build trust to build relationships

56. make credible claims

57. see your position

58. see the facts

59. take a reasonable business position

60. build empathy

61. consider commercial impact

62. know the business people

63. understand their personalities

64. their expectations

65. their pressures

66. focus on business relationship

67. the client is not always right

68. clients make mistakes

69. do we litigate only when we are right?

70. only one winner

71. 50/50 chance

72. everybody thinks they’re right

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

74. are you fighting over a fan?

75. protecting the company

76. protecting own employees

77. protecting own department

78. protecting themselves

79. rebuked if wrong

80. believing themselves right

81. bad judgment

82. behaving unfairly

83. being irrational

84. most favorable to themselves

85. face unfavorable facts

86. might be wrong

87. understand the dispute

88. rational and credible

89. thoughtful consideration

90. reasoned judgment

91. not posturing

92. building empathy

93. building credibility

94. no single approach

95. stay out of negotiations

96. I’m a lawyer
I’m here to help
lawyers involved too early

97. unreasonable expectations

98. case study #3
“sleeping with the enemy ”

99. company nemesis

100. your enemy

101. defensive overreaction

102. seeking legal advantage

103. business should trump litigation

104. emotional block

105. outside litigation counsel

106. over lawyering

107. lawyering in the background

108. business people negotiate

109. advise from behind the scenes

110. support business judgment

111. withdraw from negotiation

112. case study #4
“please go away ”

113. business relationship

114. lawyers go away

115. advising outside negotiations

116. business opportunity

117. the myth of win-win outcomes

118. don’t assume there is a win-win

119. some things are zero-sum

120. do look for ways to create value

121. get your share of the value-add

122. relationships are the win

123. conclusion

124. negotiation

125. client expectations

126. credibility

127. the client is not always right

128. stay out of negotiations

129. the myth of win-win outcomes

130. questions?

131. meeting in the middle
by eric pesik
l i t i ga t i o n a s i a s u m m i t
m ay 2 0 , 2 0 1 2 , m a r i n a b ay s a n d s
fo r m o re i n fo r m a t i o n co n ta c t e r i c @ p e s i k . n e t

132. 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 Calexico by Lali Masriera
http://www.flickr.com/photos/allensima/6033657657/ http://www.flickr.com/photos/visualpanic/2923046161/
Talk to the Hand By NMR Photo Sienese Businessman by John Kelly
http://www.flickr.com/photos/jinx1380/4983207375/ http://www.flickr.com/photos/thrillho/2735391270/
No Pictures by Dplanet When the Sun Went Down, By Gideon Wright
http://www.flickr.com/photos/dplanet/94442623/ http://www.flickr.com/photos/27787901@N06/5362197490/
Revtank Outtakes by Mish Sukharev Meeting by Voka Kamer van Koophandel Limburg
http://www.flickr.com/photos/mishism/5371074626/ http://www.flickr.com/photos/vokakvklim/4522283313/
Cash By JMR_Photography Workshop by Fabrisalvetti
http://www.flickr.com/photos/jmrosenfeld/2903513401/ http://www.flickr.com/photos/fabrisalvetti/431625236/
Money on Fire by Images of Money Woman With Notepad by Jerry Bunkers
http://www.flickr.com/photos/59937401@N07/5857379974/ http://www.flickr.com/photos/76266195@N08/7122179181/
Houses on Coins By Images of Money Adjust Tie by Dplanet
http://www.flickr.com/photos/59937401@N07/5474806608/ http://www.flickr.com/photos/dplanet/94441582/
Businessman by Kripptic Punch by Adam J Merton
http://www.flickr.com/photos/kripptic/1954828422/ http://www.flickr.com/photos/adamjmerton/5354639620/