1. Tailoring Early Dispute Resolution To Your Company

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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