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Collaboratively among counsel and client, an Early Case Assessment is made, and a determination is made when to negotiation, use mediators and experts as needed.\u00a0 Lande talked about \u201cescaping lawyers\u2019 prison of fear\u201d of departing from conventional case management approaches.\u00a0 In particular, he refers to the fear of initiating the suggestion of\u00a0negotiation, of losing clients\u2019 confidence, and of losing income from working the case.\u00a0 These can be managed by routinely and predictably using PEDR, explaining the proposed strategy to the client, and negotiating a fee enhancement for early resolution.<\/span><\/p>\n Phil Armstrong and Debbie Masucci addressed how these management principles are applied in the corporate environment.\u00a0 Masucci, formerly of AIG,\u00a0noted the role of the claims professional, whose job is to settle the case.\u00a0 It is necessary to acknowledge the diverging interests of the insured and the insurer, particularly where the self-insured retention might settle the case.\u00a0 There are also primary, excess and coverage issues that drive parties\u2019 negotiating strategies into potentially divergent interests.\u00a0\u00a0 Insurance companies should be using PEDR with greater effectiveness than other industries, according to Masucci.<\/span><\/p>\n Armstrong, formerly of Atlanta-based Georgia-Pacific,\u00a0reported that his former employer would receive 250-300 lawsuits per year.\u00a0 Businesspeople would resolve informal business disputes every day, but if formal litigation were threatened,\u00a0the process\u00a0ceased to be a business problem to be solved, but a war to be won; business people would be instructed not only to cease seeking a business solution, but indeed\u00a0affirmatively not to talk to the other side.\u00a0 This practice wasted money and compromised relationships.\u00a0 The dispute always settled, but only after nearly all transaction costs had been incurred.\u00a0 An ADR program was initiated in 1995-96, one part of which was to invite counterparties to meet with business people to resolve the problem.\u00a0 Discussions took place early, and if they were unsuccessful a mediator was brought it.\u00a0 Problem-solving became the goal.\u00a0 Nevertheless, the approach was unevenly applied and litigation practice\u00a0continued.\u00a0 Armstrong was unable to have an integrated management system accepted.\u00a0\u00a0Adoption of such an integrated method across the company\u00a0would\u00a0require education, support of the C-suite, and a culture change.\u00a0 Hiring an outside law firm and asking to be kept posted is an indication of lack of managerial control.<\/span><\/p>\n