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Alternative Alternative Dispute Dispute Resolution: Resolution: Thinking Outside the Thinking Outside the Square Square Helen Rice Partner Heaney & Co

Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

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Page 1: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

Alternative Dispute Alternative Dispute Resolution:Resolution:

Thinking Outside the SquareThinking Outside the Square

Helen RicePartnerHeaney & Co

Page 2: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

Why Mediate?Why Mediate?

Page 3: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The 4 P’sThe 4 P’s

Preparation Preparation

PreparationPreparation

PreparationPreparation

PresentationPresentation

Page 4: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The CastThe Cast

Your clientYour client

Expert(s)Expert(s)

Witnesss(es)Witnesss(es)

Support peopleSupport people

Page 5: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The EnvironmentThe Environment

Page 6: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The Environment The Environment

White boardWhite board

Telephone conference facilitiesTelephone conference facilities

Breakout roomsBreakout rooms

All day/night parkingAll day/night parking

PhotocopierPhotocopier

After hours airconditioning After hours airconditioning

Page 7: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

Tool Kit Tool Kit

Full authority to settleFull authority to settle

Excellent communication skillsExcellent communication skills

FlexibilityFlexibility

EquipmentEquipment

Page 8: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The Settlement Agreement The Settlement Agreement

““It ain’t over until the fat lady sings”It ain’t over until the fat lady sings”

One size does not fit allOne size does not fit all

Page 9: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The Settlement Agreement The Settlement Agreement

Record agreement in writingRecord agreement in writing

Make sure all the parties signMake sure all the parties sign

Forms basis for consent orderForms basis for consent order

Page 10: Alternative Dispute Resolution: Thinking Outside the Square Helen Rice Partner Heaney & Co

The Settlement Agreement The Settlement Agreement

Full and final … of what?Full and final … of what?

Trigger for discharge?Trigger for discharge?

CostsCosts

ConfidentialConfidential