Resolving money disputes quickly & fairly

1. Helping Leaders Avoid Litigation Costs
RESOLVING MONEY DISPUTES QUICKLY & FAIRLY

2. Thank You!
FOR HONEST DISCUSSIONS THAT KEPT THE DESIGN OF FIRST COURT
FAIR TO BOTH SIDES, WE GRATEFULLY ACKNOWLEDGE:

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. Tel. 855-908-9089 FirstCourt.com/adr
Confirm Demo/Ask Questions:
Mike.Liffrig@FirstCourt.com
Wgardner@FirstCourt.com
Katie@FirstCourt.com