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Helping Leaders Avoid Litigation Costs RESOLVING MONEY DISPUTES QUICKLY & FAIRLY
25

Helping Leaders Avoid Litigation Costs

Aug 07, 2015

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Wl Gardner
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Page 1: Helping Leaders Avoid Litigation Costs

Helping Leaders Avoid Litigation Costs

RESOLVING MONEY DISPUTES QUICKLY & FAIRLY

Page 2: Helping Leaders Avoid Litigation Costs

Thank You!

FOR HONEST DISCUSSIONS THAT KEPT THE DESIGN OF FIRST COURT

FAIR TO BOTH SIDES, WE GRATEFULLY ACKNOWLEDGE:

Page 3: Helping Leaders Avoid Litigation Costs

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

Page 4: Helping Leaders Avoid Litigation Costs

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

Page 5: Helping Leaders Avoid Litigation Costs

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

Page 6: Helping Leaders Avoid Litigation Costs

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

Page 7: Helping Leaders Avoid Litigation Costs

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

Page 8: Helping Leaders Avoid Litigation Costs

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

Page 9: Helping Leaders Avoid Litigation Costs

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

Page 10: Helping Leaders Avoid Litigation Costs

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

Page 11: Helping Leaders Avoid Litigation Costs

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

Page 12: Helping Leaders Avoid Litigation Costs

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

Page 13: Helping Leaders Avoid Litigation Costs

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

Page 14: Helping Leaders Avoid Litigation Costs

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

Page 15: Helping Leaders Avoid Litigation Costs

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

Page 16: Helping Leaders Avoid Litigation Costs

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

Page 17: Helping Leaders Avoid Litigation Costs

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

Page 18: Helping Leaders Avoid Litigation Costs

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

Page 19: Helping Leaders Avoid Litigation Costs

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

Page 20: Helping Leaders Avoid Litigation Costs

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

Page 21: Helping Leaders Avoid Litigation Costs

 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

Page 22: Helping Leaders Avoid Litigation Costs

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

Page 23: Helping Leaders Avoid Litigation Costs

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

Page 24: Helping Leaders Avoid Litigation Costs

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

Page 25: Helping Leaders Avoid Litigation Costs

Tel. 855-908-9089 FirstCourt.com/adr

Confirm Demo/Ask Questions:

[email protected]

[email protected]

[email protected]