Tailoring Early Dispute Resolution To Your Company

Key Elements of EDR Programs Model Process EDR Indications (legal/business drivers) EDR Team (legal/business/experts) Early Case Assessment (systematic analysis) EDR Plan (roadmap addressing obstacles) EDR Metrics

Model EDR Process Potential Use of ELA Conflict Arises Business Unit Attempts Informal Resolution Yes No Further Action Conflict Resolved? Conflict Arises No Create EDR Team (legal & business) Early Case Assessment Develop Resolution Strategy Ongoing EDR Discussions Level 1: Private Resolution Yes No Further Action Conflict Resolved? No EDR Negotiation Mediation Arbitration Level 2: Facilitated Resolution Yes No Further Action Conflict Resolved? Level 3: Public Adjudication No Litigation Conflict Resolved? Yes No Further Action Potential Use of ELA No Appeal

EDR Indications Conflict Arises The conflict is a threat to existing business relationships The conflict poses a regulatory or financial risk to the business The conflict is a threat to corporate reputation The conflict is part of an emerging pattern Unable to resolve conflict informally

Update with new information and reassess as appropriate Early Case Assessment EDR Team identifies Tasks, develops Timeline and Assigns Responsibilities to address Key ECA Elements Relevant History Industry Company Issue Abridged Factual Review Abridged Damages Analysis Abridged Legal Review Evaluation of opposing counsel, venue, judge or neutral Estimation of legal fees, expenses, costs Analysis of non- economic risks/ benefits Inside counsel Business rep Outside counsel Inside counsel Business rep Outside counsel Expert Counsel Outside counsel Inside counsel Outside counsel Inside counsel Outside counsel Expert Inside counsel Inside counsel Business Rep Update with new information and reassess as appropriate Integrate and Analyze ECA Report proposing EDR Plan (strategy and process) (60 days) Implementation of EDR Plan (begin within 30 days) Lessons Learned/Continuous Improvement

EDR Issues to Consider Yes Develop EDR Plan No No No •Continue with litigation Identify future opportunities to reconsider EDR Is EDR right for the case? Is the issue one that can be compromised? Core business issues Products Scale No Is EDR process available? Contract term Court requirement Ability to steer to EDR absent requirement •Continue with litigation Identify future opportunities to introduce EDR No Are necessary elements in place? Have essential facts been developed? Have potential damages/value been analyzed? Has business bought into the process? Has settlement authority been granted? Develop plan for getting necessary elements in place Develop timeline for moving forward with EDR No Yes Develop EDR Plan

Tailoring EDR to Your Organization Key Questions: What are the day-to-day sources of frustration in managing existing cases? What is your worst-case scenario? What are the positive elements you would like to see more? Focus on how your EDR team and process be structured to directly address the answers to these questions Align your EDR program with the company’s analytical approach and communication style to enhance acceptance