The document outlines factors that govern litigation and steps organizations can take to minimize litigation risks and ensure corporate compliance. It recommends establishing open communication, identifying high-risk areas, creating a compliance committee, conducting due diligence on partners, implementing strong controls and policies, providing regular training, and including dispute resolution clauses in contracts that mandate mediation before arbitration. Additionally, it suggests making timely decisions, treating external agencies with respect, maintaining thorough documentation, and sharing outcome reports to resolve issues and prevent unnecessary litigation.
10 Determinants and 13 Ground Rules CoHEsion13Thomas Danford
10 Determinants & 13 Ground Rules that Improve Institutional Performance
Improving both the quality of service that your organization delivers along with the value of the employees that deliver the service are two crucial pillars in institutional performance. This discussion will focus on the application of the “10 Determinants of Service Quality” along with the “13 Ground Rules for Success in the Information Age” in managing an organization. The 10 Determinants will focus on the understanding of where the service quality “perception gap” arises and how management can address it. In a similar fashion, the 13 Ground Rules will provide the backdrop for what kind of employees we need to look for and develop.
10 Determinants and 13 Ground Rules CoHEsion13Thomas Danford
10 Determinants & 13 Ground Rules that Improve Institutional Performance
Improving both the quality of service that your organization delivers along with the value of the employees that deliver the service are two crucial pillars in institutional performance. This discussion will focus on the application of the “10 Determinants of Service Quality” along with the “13 Ground Rules for Success in the Information Age” in managing an organization. The 10 Determinants will focus on the understanding of where the service quality “perception gap” arises and how management can address it. In a similar fashion, the 13 Ground Rules will provide the backdrop for what kind of employees we need to look for and develop.
Business Law Training: Crisis Communications: Finding Out What Happened and C...Quarles & Brady
Q&B Securities Partner Jon Hackbarth will moderate a discussion on crisis communication with two experts who have many years of practical experience in crisis situations drawing high levels of media scrutiny; Q&B Litigation Partner Dan Conley, who leads the Quarles Crisis Communications Team, and Jody Lowe, President and Managing Director of The Lowe Group, Financial Communications. The panel will focus on the complicated attorney-client privilege, litigation and public relations issues that can surprise management in a crisis situation, and best practices for promptly gathering the facts, and putting together and controlling your message in such circumstances. The panel will emphasize the importance of preparation before the crisis arises, and the importance of coordinating media and legal strategies, whether the issues involve arise from actual or potential lawsuits, regulatory enforcement, executive departures, corporate restructuring or workplace tragedies.
Presentation by Jill Cuthbert, Senior Employee Relations Specialist, Citi (formerly Citibank) at CMP's 'Aiming for excellence' conference, 5 December 2008, London.
A presentation that focuses on the underlying issues surrounding decision-making. Managers and leaders will find this useful in their daily operations.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
More Related Content
Similar to Scan_Doc0012- Article in Lex Witness Feb 2015
Business Law Training: Crisis Communications: Finding Out What Happened and C...Quarles & Brady
Q&B Securities Partner Jon Hackbarth will moderate a discussion on crisis communication with two experts who have many years of practical experience in crisis situations drawing high levels of media scrutiny; Q&B Litigation Partner Dan Conley, who leads the Quarles Crisis Communications Team, and Jody Lowe, President and Managing Director of The Lowe Group, Financial Communications. The panel will focus on the complicated attorney-client privilege, litigation and public relations issues that can surprise management in a crisis situation, and best practices for promptly gathering the facts, and putting together and controlling your message in such circumstances. The panel will emphasize the importance of preparation before the crisis arises, and the importance of coordinating media and legal strategies, whether the issues involve arise from actual or potential lawsuits, regulatory enforcement, executive departures, corporate restructuring or workplace tragedies.
Presentation by Jill Cuthbert, Senior Employee Relations Specialist, Citi (formerly Citibank) at CMP's 'Aiming for excellence' conference, 5 December 2008, London.
A presentation that focuses on the underlying issues surrounding decision-making. Managers and leaders will find this useful in their daily operations.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Similar to Scan_Doc0012- Article in Lex Witness Feb 2015 (20)
1. 1. Attitude of Disputing Parties
• Non compromising • Willingness to compromise
• Stubbornness • Negotiate
Lack of Communication
• Poor communication • Keep open channels of
2.
• Misunderstanding communication.
Acting by emotion and not reason
• Decisions taken in heat of moment. • Think rationally and with a
3.
• Emotions cloud objectivity cool mind.
4. Cost
• Play an important role in deciding • Economics of Litigation weighs
whether or not to litigate. merit.
• Cause damage to a Company's • Proper handling of media,
5. Reputation/Goodwill reputation and standing particularly external agencies to avoid fallout
within Industry/Employees/Peers. of brand.
-s:
Leads to
6. Distraction from core work area
• Waste of time • Channelise energies to prevent
• Emotional stress fallout.
• Reduced productivity
.counsel
corner
Litigation Management
FACTORS WHICH GOVERN LITIGATION
BACKGROUND
Litigation across the world has become
very complex, time consuming and
expensive. Judiciary is burdened with
~
cases which often drag on for number of
years. This poses a serious challenge to
organisations to do business.
My three decades of experience as a
General Counsel has taught me the
following methods of Litigation
Management which is explained below for
all. Hope you all benefit by the same.
2. counsel corner
In Summary I recommend the
following:
STEPS: ORGANISATION NEEDS TO TAKE TO MINIMISE RISK OF LITIGATION AND
USHER IN CORPORATE COMPLIANCE.
Following steps can help:
1. Leadership
a. Proper Communication with all concerned
b. Identification of high risk markets
c. Creation of Compliance Committee
2. Standards & Controls:
a. Due Diligence for screening business collaborators
and third parties including strict compliance in
contracts.
b. Establishing sound internal controls systems.
3. Training Periodic training to allincluding Board.
4. Policies & Procedures
a. Regular updation of Company Policies &
Procedures
b. Standard Templates for employees, Process Owners
dealing with Company. Uniformity will help
remove/reduce subjectivity.
c. Include Litigation provisions in contracts
alongwith clauses on indemnity, natural disasters
etc.
d. Mandatory mediation and conciliation provisions
before arbitration.
e. Abstraction mechanism and clause.
f. Parties to be bound by neutral experts opinion.
B. GENERAL
a. Speed in taking decisions and having a faster
review process which conforms to the business
structure and categorises all anticipated risks.
b. Empathy with customer can lead to amicable
solution.
c. Avoid working with litigious parties.
d. Mediation through use of impartial parties to
resolve issues.
e. Ethics- An ethical conduct would also win.
f. Emphasis on written documentation.
SIX STEPS TO PREVENT /MINIMISE
LITIGATION
1. Rapport and communication between
External Agencies and Company/
Intermediaries go a long way towards
better understanding.
2. Rationale on behalf of Company/
Intermediaries in what is being done
should be adequately documented with
all available documentary supports.
3. Records should be prepared carefully,
be complete, accurate, legible, relevant,
timely and generously informative.
4. Remarks being made with External
Agencies should be made with a certain
degree of caution.
5. Treat External Agencies with respect,
empathy and a humanistic approach.
6. Results of the outcome of reports
should be shared carefully with the
External Agencies to satisfy them of fair
process involved. ~
S. Ramaswamy
EVP-GroupGeneralCounsel, EscortsLimited
and President of ICCA.
Disclaimer- The above article is based on author's
research and his views.
A Lex Witness Counsel Connect Initiative ." February 2015 I Lex WITNESS I 49
- -