Facilitation, Conflict Management and Dispute Resolution 
Joseph P. McMahon Jr.  

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The failure of settlement often results from the fact that settlement efforts have been only collateral to trial preparation.  My recommendation to Companies and parties in conflict is to take a three phase approach to settlement. 

• Assess existing conflicts
• Assess opponent
• Clarify decisions to be made
• Set decision making criteria
• Identify needed information
• Create any needed teams

• Gather needed information
• Prepare process recommendations
• Present to decision-makers
• Begin negotiations re process
• Locate neutrals (if needed)

• Participate in ADR Process
• Identify settlement options that
• best serve client’s interests
• Facilitate final settlement decisions

Explanatory article on the three phased approach