Joseph P McMahon Jr

Working as Settlement Counsel

Settlement Counsel information in Adobe Portable Document Format (PDF) file

When working as Settlement Counsel, I am engaged by one party to the dispute to see if the dispute can be resolved by negotiation or some ADR option. I work only for that party, and assist the party in finding real alternatives to litigation, and a clear look at its options. Where a lawsuit is pending, this can occur in parallel with trial preparation. In such situations, my role is distinct from, and much more limited than, the role of Trial Counsel. In some instances, trial preparations are suspended during the search for settlement. Having spent 20+ years in the mixed role of trial and settlement, I can now report that the special role of Settlement Counsel is vastly different than the mixed role.

My work as Settlement Counsel has helped many litigants find better resolutions to their conflicts.

I work as Settlement Counsel for Companies to:

Find the best dispute resolution method for your case to make ADR and dispute resolution better fit with the Company's business interests.
Assist or facilitate the settlement of pending cases.
Optimize mediation activities.
Initiate settlement negotiations with opposing counsel and client representatives.
Help the Company prepare for settlement negotiations or mediation.
In association with opposing counsel and General Counsel, formulate negotiation agenda.
Improve the quality and results of Settlement Negotiations.
Create negotiation goals, evaluative tools and negotiation summaries/plans.
Assist the Company in assessing trial risk.
Provide tools with which to compare settlement with trial outcomes.
Encourage rational decision making and problem solving negotiations.
Draft agreements to stay litigation, or initiate ADR processes.
Draft and negotiate ADR agreements.
Assist the Company is using settlement analytics.
Plan a settlement strategy.
Find the best ADR option or options for your cases.
Evaluate Early Intervention into disputes that have not yet been filed, or are in early stages.
Set up Dispute Resolution programs within Companies.
Provide ADR and negotiation training.

My Settlement Counsel experience