Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Settlement the Way Your Clients Want It

18,501 views

Published on

2013 Dallas Bar Association Bench/Bar Conference Presentation

  • Be the first to comment

Settlement the Way Your Clients Want It

  1. 1. Settlement the Way Your Clients Want It Sep 26, 2013 Dallas Bar Association • Bench/Bar Conference • Horseshoe Bay Marriott Copyright © 2013 John DeGroote Services, LLC
  2. 2. How Do We Get There? Copyright © 2013 John DeGroote Services, LLC 2
  3. 3. Today’s Roadmap • Who Really -- Is -- Your Client? • What Does This Mean to You? • Design Your Next Process Copyright © 2013 John DeGroote Services, LLC 3
  4. 4. “ John, I'm not in the litigation business. I'm in the business business. “ - A Dallas GC Copyright © 2013 John DeGroote Services, LLC
  5. 5. What’s Different? • Risk Tolerance • Incentives • Constraints • Audiences Copyright © 2013 John DeGroote Services, LLC 5
  6. 6. So What Does This Mean To You? Copyright © 2013 John DeGroote Services, LLC 6
  7. 7. …and What Should You Avoid? Copyright © 2013 John DeGroote Services, LLC 7
  8. 8. Three Steps to Client Satisfaction • Ask Them What They Want • Adapt Your Process • …and Manage Expectations Copyright © 2013 John DeGroote Services, LLC 8
  9. 9. Your Process: The Foundation “ Don't let your case be something you spend a hundred grand a month on until everyone's ready to deal with it. “ Copyright © 2013 John DeGroote Services, LLC 9
  10. 10. Interests => Process • Confidential Listener • Planned Early Negotiation • Settle Halfway • Targeted Adjournment Copyright © 2013 John DeGroote Services, LLC 10
  11. 11. Process: Four More Examples • High/Low Agreement • Non-Binding Arbitration • Offer of Judgment • Settlement Counsel Copyright © 2013 John DeGroote Services, LLC 11
  12. 12. Process: Where Are You? If you and the other side value your case differently, at least one of you is wrong. Make sure it isn’t you. Copyright © 2013 John DeGroote Services, LLC 12
  13. 13. Process: Your Role Are You Litigating the Case, or Solving the Problem? Copyright © 2013 John DeGroote Services, LLC 13
  14. 14. Process: The Alternative So is there room for great trial counsel? The power to negotiate is the power to walk away. Copyright © 2013 John DeGroote Services, LLC 14
  15. 15. John DeGroote President, John DeGroote Services, LLC John DeGroote is a former global company general counsel now serving as a mediator, arbitrator and court-appointed trustee in significant disputes. He believes that hands-on leadership, early matter assessment, and aggressive project management drive results. Serves as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust through John DeGroote Services, LLC. Served from 2000 through 2008 as the Chief Litigation Counsel to KPMG Consulting/BearingPoint; eventually 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. 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. Currently serves as settlement counsel to select clients involved in significant disputes. Received his mediation training from Pepperdine University's Straus Institute for Dispute Resolution in 2005. Has participated in over 200 mediations in approximately 20 states as a client executive, as outside or in-house counsel, and as a party. 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, 1990 Copyright © 2013 John DeGroote Services, LLC • B.A., Mississippi State University, 1986 15
  16. 16. Contact John DeGroote President, John DeGroote Services, LLC web johndegroote.com email jd@johndegroote.com office (214) 887-3484 presentations slideshare.net/johndegroote address Hickory Street Annex 501 S 2nd Avenue, Suite A-700 Dallas, Texas 75226 Copyright © 2013 John DeGroote Services, LLC 16
  17. 17. Additional Resources • The Early Case Assessment Checklist • Settlement Counsel: 10 Free Internet Resources • What I Wish My Mediators Knew (Presentation) • Zen Unicorn: 4 Mediator Marketing Lessons from Seth Godin • The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth? Copyright © 2013 John DeGroote Services, LLC 17
  18. 18. Copyright © 2013 John DeGroote Services, LLC

×