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Lawsuit Settlement. 7 Ways to Get There Faster, Better and Cheaper. John DeGroote Dallas, Texas. jd@johndegroote.com 214.288.6864. Intro. 1. A lesson on the bus to Hertz What did she say? How is satisfaction judged? Are you a good driver? Why you can't just "cut to the chase.”

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lawsuit settlement

Lawsuit Settlement

7 Ways to Get There Faster, Better and Cheaper

John DeGroote

Dallas, Texas

jd@johndegroote.com

214.288.6864

intro
Intro

1

© 2010 John DeGroote

  • A lesson on the bus to Hertz
    • What did she say?
    • How is satisfaction judged?
    • Are you a good driver?
    • Why you can't just "cut to the chase.”
    • March 25th.
intro3
Intro

A lesson on the bus to Hertz

It starts before it starts

Trees are the answer

Settle it halfway

The forgotten rule

Try a mediator’s proposal?

Is it over?

© 2010 John DeGroote

7 Ways to Get There – One Client’s Perspective

way 2
Way 2

2

© 2010 John DeGroote

  • It starts before it starts.
    • Before 9:30 on mediation day
    • You only get ready once.
    • Mediation position statements
    • A phone call away
    • The outlier – and why I go back
way 3
Way 3

3

Do you really understand your chances?

© 2010 John DeGroote

  • Trees are the answer
    • They’re easier than you think
    • Build a decision tree together
      • When?
      • One Mouse Click Away
way 4
Way 4

4

Some stones can be left unturned. Some examples:

“If the two of you value the case differently, at least one of you is wrong.”

Really Halfway

High/Low Agreement

Non-Binding Arbitration

Post-Dispute Arbitration

90% Got It Done

Settle it halfway.

way 5
Way 5

5

Rule 68 (The Series)

Just Send Them a Check

RULE 68

The Forgotten Rule

way 6
Way 6

6

  • Not to wade into the debate
  • Pick a number that will get it settled
  • Consider a cease-fire until the time has expired

If you shoot at the King…

Would a mediator’s proposal help?

way 7
Way 7

7

ECA and return

ECA: The Series

Try a Partner Focus Group

My own follow-up

The art of the callback.

Is it ever over?

more ways
More Ways

Blind Bidding Enhancement

Mind Maps

Mix and Match

Because 7 Isn’t Enough

slide11
Bio

John DeGroote currently serves as the Liquidating Trustee to the BearingPoint, Inc. Liquidating Trust through John DeGroote Services, LLC.  He served at global consulting firm BearingPoint, Inc. from 2000 through 2009, first as its Chief Litigation Counsel and later as its Chief Legal Officer and, ultimately, as its President.

As the Company's Chief Legal Officer Mr. DeGroote led all legal aspects of BearingPoint, Inc.’s Chapter 11 filing in February of 2009 and the subsequent sale of substantially all its businesses around the world.  As the Company's Chief Litigation Counsel from 2000 through 2008, Mr. DeGroote maintained responsibility for the Company's global litigation docket and litigation prevention strategies.  He previously practiced with the law firms of McKool Smith, P.C. and Jackson Walker, L.L.P. and as Vice President and Counsel to nationwide financial concern First USA, Inc.

Mr. DeGroote received his mediation training from Pepperdine University's Straus Institute for Dispute Resolution in 2005 and has mediated cases as a client and as an advocate in approximately 20 states.  In addition to his formal duties, John maintains a website on settlement techniques and negotiation strategies at www.settlementperpectives.com.  He received his J.D. from the Duke University School of Law in 1990 and his B.A. from Mississippi State University in 1986.

John DeGroote