The document discusses using decision trees in mediation to help parties evaluate different outcomes of a lawsuit. It defines a decision tree as an illustration showing possible outcomes and helps parties assess costs, risks, and benefits. Decision trees provide an alternative perspective on a case by considering events, contingencies, probabilities, timelines, and costs. They can help parties, counsel, mediators, and others evaluate what "unlikely" outcomes might mean. The document outlines how to create a decision tree and responds to potential criticisms of using them.

1. Negotiating Case Value
Decision Trees in Mediation
Oct 8, 2012
Dallas Bar Association ADR Section
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2. If you and
the other
side value
your case
differently, at
least one of
you is wrong.
Make sure
it isn’t you.
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3. What Is a Decision Tree?
“
An illustration that
shows the various
possible outcomes
in a lawsuit and
helps the parties
evaluate the costs,
risks and benefits
of each outcome.
“
- Daniel Klein
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4. Why Do a Decision Tree?
• Another Perspective
on Your Case
• Events
• Contingencies
• Probabilities
• Timelines
• Costs
• What Does “Unlikely”
Mean?
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5. Who Can Decision Trees Help?
• Four
Audiences
• Counsel
• Clients
• The Mediator
• Folks Back Home
• Can You Share
Them with
the Other
Side?
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6. How Do You Create a Decision Tree?
1 2 3 4
List Consider Discount Each
Do the
Litigation Costs or by Probability
Math
Events Gains of Each It Will Occur
Image from ResolutionTree.com
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7. Another Example
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8. …and Just One More
Image © Litigation Risk Analysis, Inc.
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9. Responding to the Naysayers
• They Objectify Litigation
• Not Everyone Is Rational
• The Parties Won’t
Agree on a Number
• The Results Are
Unreliable
• They Are Only for
Commercial Cases
• Nobody Else Does Them
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10. John DeGroote
President, John DeGroote Services, LLC
John DeGroote is a court-appointed trustee, settlement counsel and former
global company general counsel who 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 as BearingPoint, Inc.’s Executive Vice President and Chief Legal Officer from 2008 through
August of 2009, and as the Company’s Chief Litigation Counsel from 2000 through 2008.
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 for and
against 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 as a client or as an advocate in
approximately 20 states.
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 • B.A., Mississippi State University
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11. Contact
John DeGroote
President, John DeGroote Services, LLC
web johndegroote.com
email jd@johndegroote.com
office (214) 887-3484
cell (214) 288-6864
address Hickory Street Annex
501 S 2nd Avenue, Suite A-700
Dallas, Texas 75226
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12. Copyright © 2012 John DeGroote Services, LLC 12