Settlement the Way Your Clients Want It

Copyright © 2013 John DeGroote Services, LLC

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

How Do We Get There?


Today’s Roadmap

• Who Really -- Is -- Your

Client?

• What Does This Mean to

You?

• Design Your Next

Process


John, I'm not in the litigation

business. I'm in the business

business.

““

- A Dallas GC


• Risk Tolerance

• Incentives

• Constraints

• Audiences

5

What’s Different?


So What Does This Mean To You?

6

http://settlementperspectives.com/2009/01/one-tire-too-many-an-unexpected-lesson-in-trust/


…and What Should You Avoid?

7

http://settlementperspectives.com/2009/02/settlement-advice-avoid-the-assembly-line/


Three Steps to Client Satisfaction

• Ask Them What They Want

• Adapt Your Process

• …and Manage Expectations

http://settlementperspectives.com/2010/03/toward-better-client-service-a-few-questions-for-outside-counsel/

http://settlementperspectives.com/2008/09/managing-expectations-an-unexpected-lesson-on-the-bus-to-hertz/


Your Process: The Foundation

9

Don't let your case

be something you spend a

hundred grand a month on until

everyone's ready to deal with it.

““


• Confidential Listener

• Planned Early Negotiation

• Settle Halfway

• Targeted Adjournment

10

Interests => Process

http://law.missouri.edu/lande-old/publications/how_advocates_can_manage_cases_better.pdf

http://settlementperspectives.com/2009/01/how-close-are-we-another-way-a-mediator-can-help/

http://settlementperspectives.com/2008/10/how-do-you-settle-halfway-settlement-structures-part-ii/


•High/Low Agreement

•Non-Binding Arbitration

•Offer of Judgment

•Settlement Counsel

11

Process: Four More Examples

http://settlementperspectives.com/2012/05/why-settlement-counsel-a-lesson-from-the-scorpion-and-the-frog/

http://settlementperspectives.com/2008/12/what-high-low-agreements-can-do-for-you-settlement-structures-part-iii/

http://settlementperspectives.com/2008/10/non-binding-arbitration-get-your-day-in-court-without-one-day-in-court/

http://settlementperspectives.com/2008/09/rule-68-and-offers-of-judgment-part-i-how-they-work-and-why-you-should-care/


If you and the other side value your case

differently, at least one of

you is wrong.

Make sureit isn’t you.

Process: Where Are You?


Process: Your Role

13

Are You Litigating the Case,

or

Solving the Problem?


Process: The Alternative

14

So is there room for great trial counsel?

The power to negotiate is the power to walk away.


John DeGrootePresident, 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

15

• B.A., Mississippi State University, 1986

https://www.resolutiontree.com/

http://www.settlementperspectives.com/


Contact

16

John DeGrootePresident, John DeGroote Services, LLC

web johndegroote.com

email [email protected]

office (214) 887-3484

presentations slideshare.net/johndegroote

address Hickory Street Annex501 S 2nd Avenue, Suite A-700Dallas, Texas 75226

http://www.johndegroote.com/

mailto:[email protected]

http://www.hickorystreetannex.com/

http://www.slideshare.com/johndegroote


Additional Resources

17

• 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?

http://settlementperspectives.com/2008/10/the-early-case-assessment-checklist-early-case-assessments-part-ii/

http://settlementperspectives.com//2011/11/decision_tree_step_by_step/

http://settlementperspectives.com//2013/04/settlement-counsel-10-free-internet-resources/

http://www.slideshare.net/johndegroote/2012-07-16-what-i-wish-my-mediators-knew-slideshare-13847105

http://settlementperspectives.com//2010/01/zen-unicorn-4-mediator-marketing-lessons-from-seth-godin/


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Settlement the Way Your Clients Want It