| Preface |
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ix | |
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PART I Welcome to Lawsuit Hell |
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Why Is It So Damn Hot in Here? |
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3 | (10) |
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Litigation: A Voracious Industry Made in America |
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6 | (1) |
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Civil Litigation: An Oxymoron |
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7 | (1) |
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Jury Verdicts Find the Stratosphere |
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7 | (1) |
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The Process Is the Punishment: Extortion by Lawsuit |
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8 | (5) |
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This Is Not Your Father's Lawsuit |
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13 | (8) |
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It's Fast and Front-Loaded |
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14 | (1) |
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Attorney's Fees that Take Your Breath Away |
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15 | (1) |
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Lawsuits Have Changed in the Last 25 Years---Not for the Better |
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16 | (5) |
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The 21st Century Malady: We're All Victims, Every Pitiful One of Us |
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21 | (6) |
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21 | (2) |
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``If You're a Victim, There Must Be Someone We Can Punish'' |
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23 | (1) |
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Lawyers as Champions of Victims Everywhere |
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24 | (3) |
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27 | (4) |
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Yes, Something Can Be Done Now! |
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31 | (6) |
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Asserting Your Real Interests---Beyond Winning a Lawsuit |
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32 | (1) |
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Resolving Conflicts Can Improve Relationships |
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32 | (2) |
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Taking Control of Your Destiny |
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34 | (3) |
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PART II Conflict Resolution Skills: Laying the Groundwork to Avoid Costly Disputes |
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Six Conflict Resolution Techniques that Improve Relationships |
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37 | (10) |
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Step 1: We're All in This Together |
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37 | (1) |
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Step 2: Re-Frame the Conflict |
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38 | (2) |
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Step 3: Gentle Confrontation |
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40 | (1) |
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Step 4: Looking Beyond Positions |
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41 | (2) |
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Step 5: Finding Mutually Beneficial Solutions |
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43 | (1) |
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Step 6: Putting the Settlement in Writing |
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44 | (3) |
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Communication to Avoid Lawsuits |
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47 | (8) |
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47 | (3) |
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B2B Is Always Better than A2A |
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50 | (2) |
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52 | (1) |
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``My Lawyer Can Beat Up Your Lawyer'' |
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53 | (1) |
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The Exact Moment When Lawsuits Happen |
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53 | (2) |
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Essential Negotiation Skills |
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55 | (16) |
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Negotiating So Both Sides Can Win |
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55 | (1) |
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Negotiating Principle: Aim Above Your Target |
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56 | (1) |
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Negotiating Principle: Say Yes Whenever Possible |
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57 | (1) |
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Negotiating Principle: Make Small Concessions and Watch Your Concession Patterns |
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57 | (3) |
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Negotiating Principle: More Give and Take |
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60 | (1) |
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Negotiating Principle: Dropping the Hammer |
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61 | (1) |
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Negotiating Principle: The Negotiator's Attitude |
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62 | (1) |
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Merit, More Merit, and Principle |
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63 | (2) |
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Special Considerations When Negotiating Disputes |
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65 | (1) |
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Responding to Threats of Litigation |
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66 | (1) |
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Keeping the Lawyers at Bay: Merit-Based Negotiation |
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66 | (1) |
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67 | (1) |
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The Last Yard Can Be the Toughest |
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68 | (3) |
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PART III The Court Avoidance Tools at Your Command |
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Using the Power of Contract to Stay Out of Court! |
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71 | (6) |
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Contracting for Private Dispute Resolution |
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71 | (2) |
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Arbitration and Mediation |
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73 | (2) |
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75 | (2) |
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Using the Power of Notice: In-Your-Face Fine Print |
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77 | (10) |
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79 | (2) |
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81 | (1) |
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82 | (5) |
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Controlling Employment Disputes with Internal Corporate Programs |
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87 | (4) |
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87 | (1) |
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88 | (1) |
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Who You Gonna Call? The Ombuds Model |
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89 | (2) |
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Controlling the Escalating Dispute |
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91 | (12) |
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91 | (2) |
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``Blimey, Cap'n, They're Flying the Jolly Roger!'' |
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93 | (1) |
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Containing Your Escalating Conflicts |
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94 | (4) |
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Toward Resolution Out of Court |
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98 | (2) |
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Sometimes You've Got to Fight the Bully |
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100 | (3) |
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PART IV Alternate Dispute Resolution (ADR) Tools |
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Mediation: The Greatest Dispute Resolution Tool Ever Invented |
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103 | (6) |
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The Mediation Process and What You Can Expect |
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105 | (1) |
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106 | (3) |
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109 | (6) |
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Weighing the Choice: Litigation or Arbitration? |
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111 | (1) |
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Variations on the Arbitration Theme |
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111 | (1) |
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Class Action by Arbitration |
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112 | (3) |
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Mini Trials and Other Creative Techniques |
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115 | (4) |
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The Mini Trial Is Not a Real Trial at All |
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115 | (2) |
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117 | (2) |
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ADR Organizations That Can Help |
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119 | (6) |
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119 | (2) |
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CPR Institute for Dispute Resolution |
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121 | (1) |
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121 | (4) |
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PART V The Mindset Key: Establishing an Ethic of Accountability |
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The Victim's Mindset and Other Enemies of Dispute Resolution |
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125 | (8) |
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128 | (1) |
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Apology Construction: ``Well, excuuuuuse me!!!!'' |
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129 | (4) |
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133 | (4) |
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Other Corporate Tools for Accountability in Dispute Resolution |
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137 | (12) |
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137 | (2) |
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Involve the Board of Directors |
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139 | (1) |
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A Statement of Accountability |
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140 | (1) |
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Litigation Means Never Having to Say You're Sorry |
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141 | (3) |
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Putting the Tools to Work |
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144 | (5) |
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PART VI Making the Lawsuit Go Away |
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The Role and Mindset of Litigating Attorneys |
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149 | (4) |
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Cost/Benefit Settlement Analysis |
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153 | (4) |
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Case Settlement Evaluation: Step One |
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154 | (1) |
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Case Settlement Evaluation: Step Two |
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155 | (2) |
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The Value of Early Intervention |
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157 | (6) |
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The Activist Litigation Client |
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159 | (1) |
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``Stop This Train, I Want to Get Off!'' |
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159 | (1) |
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160 | (3) |
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Negotiating a Final Resolution |
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163 | (4) |
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163 | (2) |
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It All Comes Down to Money |
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165 | (1) |
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166 | (1) |
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Creating the Settlement Agreement |
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167 | (4) |
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167 | (1) |
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It's Over: Get and Give a Release |
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168 | (3) |
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Conclusion: The Perfect Storm |
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171 | (4) |
| Bibliography |
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175 | (2) |
| About the Author |
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177 | (2) |
| Glossary |
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179 | (4) |
| Index |
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183 | |
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