meeting in the middle embracing negotiat ion to protect
business interests and relat ionships
by er ic pesik l i t igat ion as ia summit
may 20, 2012, marina bay sands
negotiation
I hate litigation
business people hate litigation
*except patent trolls
they hate “it depends...”
businesses create value
litigation destroys value
you can’t avoid disputes
how do you avoid litigation?
especially for the wrong reasons
solve disputes early
protect the business relationship
settle don’t litigate
assumptions
litigation as a last resort
business disputes
beneficial relationships
desirable to protect
background
corporate lawyer
divorce lawyer
what’s the connection?
I’m not special
complexity of the facts
personalities of the clients
skills the lawyers
direction of negotiations
expectations of the clients
client expectations
clients are influenced by emotions
business judgment
same standard
one more business risk
one more business opportunity
emotionally charged
ego
emotional investment
clouded perceptions
case study #1 “meeting in the middle”
fighting over a fan
lawyers can help or hurt
knock down barriers
respect versus credibility
best possible position
arguing in the alternative
extreme interpretation
but we don’t like it
build credibility
no unreasonable positions
don’t escalate the dispute
don’t intimidate and bully
results in destroyed credibility
build trust to build relationships
make credible claims
see your position
see the facts
take a reasonable business position
build empathy
consider commercial impact
know the business people
understand their personalities
their expectations
their pressures
focus on business relationship
the client is not always right
clients make mistakes
do we litigate only when we are right?
only one winner
50/50 chance
everybody thinks they’re right
case study #2 “meeting in the middle (again)”
are you fighting over a fan?
protecting the company
protecting own employees
protecting own department
protecting themselves
rebuked if wrong
believing themselves right
bad judgment
behaving unfairly
being irrational
most favorable to themselves
face unfavorable facts
might be wrong
understand the dispute
rational and credible
thoughtful consideration
reasoned judgment
not posturing
building empathy
building credibility
no single approach
stay out of negotiations
lawyers involved too early
I’m a lawyer I’m here to help
unreasonable expectations
case study #3 “sleeping with the enemy”
company nemesis
your enemy
defensive overreaction
seeking legal advantage
business should trump litigation
emotional block
outside litigation counsel
over lawyering
lawyering in the background
business people negotiate
advise from behind the scenes
support business judgment
withdraw from negotiation
case study #4 “please go away”
business relationship
lawyers go away
advising outside negotiations
business opportunity
the myth of win-win outcomes
don’t assume there is a win-win
some things are zero-sum
do look for ways to create value
get your share of the value-add
relationships are the win
conclusion
negotiation
client expectations
credibility
the client is not always right
stay out of negotiations
the myth of win-win outcomes
questions?
meeting in the middle
by er ic pes ik l i t igat ion as ia summit
may 20, 2012, mar ina bay sands for more informat ion contact er ic@pes ik .net
Unless otherwise specified below, all images from Microsoft Office Online. Used with permission from Microsoft: http://office.microsoft.com/en-us/images/ Other images from flickr Creative Commons Attribution license: Businessmen in Meeting By Allen Sima http://www.flickr.com/photos/allensima/6033657657/ Talk to the Hand By NMR Photo http://www.flickr.com/photos/jinx1380/4983207375/ No Pictures by Dplanet http://www.flickr.com/photos/dplanet/94442623/ Revtank Outtakes by Mish Sukharev http://www.flickr.com/photos/mishism/5371074626/ Cash By JMR_Photography http://www.flickr.com/photos/jmrosenfeld/2903513401/ Money on Fire by Images of Money http://www.flickr.com/photos/59937401@N07/5857379974/ Houses on Coins By Images of Money http://www.flickr.com/photos/59937401@N07/5474806608/ Businessman by Kripptic http://www.flickr.com/photos/kripptic/1954828422/
Calexico by Lali Masriera http://www.flickr.com/photos/visualpanic/2923046161/ Sienese Businessman by John Kelly http://www.flickr.com/photos/thrillho/2735391270/ When the Sun Went Down, By Gideon Wright http://www.flickr.com/photos/27787901@N06/5362197490/ Meeting by Voka Kamer van Koophandel Limburg http://www.flickr.com/photos/vokakvklim/4522283313/ Workshop by Fabrisalvetti http://www.flickr.com/photos/fabrisalvetti/431625236/ Woman With Notepad by Jerry Bunkers http://www.flickr.com/photos/76266195@N08/7122179181/ Adjust Tie by Dplanet http://www.flickr.com/photos/dplanet/94441582/ Punch by Adam J Merton http://www.flickr.com/photos/adamjmerton/5354639620/