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Negotiation Case Value: Decision Trees in Mediation

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"Negotiating Case Value: Decision Trees in Mediation," to be presented by John DeGroote on October 8, 2012 to the ADR Section of the Dallas Bar Association

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Negotiation Case Value: Decision Trees in Mediation

  1. 1. Negotiating Case ValueDecision Trees in Mediation Oct 8, 2012Dallas Bar Association ADR Section Copyright © 2012 John DeGroote Services, LLC
  2. 2. If you and the other side value your case differently, at least one of you is wrong. Make sure it isn’t you.Copyright © 2012 John DeGroote Services, LLC 2
  3. 3. What Is a Decision Tree? “ An illustration that shows the various possible outcomes in a lawsuit and helps the parties evaluate the costs, risks and benefits of each outcome. “ - Daniel Klein Copyright © 2012 John DeGroote Services, LLC 3
  4. 4. Why Do a Decision Tree?• Another Perspective on Your Case • Events • Contingencies • Probabilities • Timelines • Costs• What Does “Unlikely” Mean? Copyright © 2012 John DeGroote Services, LLC 4
  5. 5. Who Can Decision Trees Help? • Four Audiences • Counsel • Clients • The Mediator • Folks Back Home • Can You Share Them with the Other Side? Copyright © 2012 John DeGroote Services, LLC 5
  6. 6. How Do You Create a Decision Tree? 1 2 3 4 List Consider Discount Each Do theLitigation Costs or by Probability Math Events Gains of Each It Will Occur Image from ResolutionTree.com Copyright © 2012 John DeGroote Services, LLC 6
  7. 7. Another Example Copyright © 2012 John DeGroote Services, LLC 7
  8. 8. …and Just One More Image © Litigation Risk Analysis, Inc. Copyright © 2012 John DeGroote Services, LLC 8
  9. 9. Responding to the Naysayers• They Objectify Litigation• Not Everyone Is Rational• The Parties Won’t Agree on a Number• The Results Are Unreliable• They Are Only for Commercial Cases• Nobody Else Does Them Copyright © 2012 John DeGroote Services, LLC 9
  10. 10. John DeGrootePresident, John DeGroote Services, LLCJohn DeGroote is a court-appointed trustee, settlement counsel and formerglobal company general counsel who believes that hands-on leadership, earlymatter assessment, and aggressive project management drive results. Serves as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust through John DeGroote Services, LLC. Served as BearingPoint, Inc.’s Executive Vice President and Chief Legal Officer from 2008 through August of 2009, and as the Company’s Chief Litigation Counsel from 2000 through 2008. 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 for and against various Fortune 500 companies. Currently serves as settlement counsel to select clients involved in significant disputes. Received his mediation training from Pepperdine Universitys Straus Institute for Dispute Resolution in 2005. Has participated in over 200 mediations as a client or as an advocate in approximately 20 states. 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 • B.A., Mississippi State University Copyright © 2012 John DeGroote Services, LLC 10
  11. 11. Contact John DeGroote President, John DeGroote Services, LLC web johndegroote.com email jd@johndegroote.com office (214) 887-3484 cell (214) 288-6864 address Hickory Street Annex 501 S 2nd Avenue, Suite A-700 Dallas, Texas 75226 Copyright © 2012 John DeGroote Services, LLC 11
  12. 12. Copyright © 2012 John DeGroote Services, LLC 12

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