Propriety Survey Disputes in our professional lives are a regular occurrence. The challenge is to determine the best way to address problems without spending inordinate amounts of time, energy and money - and at the same time maintain sanity. Consider a matter with which you presently are dealing. In your professional role, answer the following questions as honestly and accurately as possible. It is a great decision-making tool for your portfolio. 1. Are you concerned about a fast and inexpensive way to resolve the matter? yes, it is important to all at least one party seems to be intent on delaying resolution None 2. Is confidentiality important? Yes No None 3. Is there an on-going relationship here that is valuable and important? Yes No None 4. Do you or the others involved in this matter... have the authority and resolve to settle it? fear that any settlement would be ridiculed or rejected by supervisors or peers? None 5. What might be the full and total costs of non-resolution or litigation compared with realistic expectations of the outcome? Much larger Small, considering what’s at stake None 6. Are there several parties to the controversy, which could increase time and cost factors? yes no None 7. Is there anything you or anyone can offer to induce continuing negotiations for settlement? Yes No None 8. Do you want to control the outcome? Yes No None 9. Do you or others involved desire a negotiated outcome rather than a winner-take-all approach to damages? Yes No None 10. Are you interested in inflicting pain or gaining perceived vindication, no matter what the cost? Little or no interest This is very important for at least one person None 11. At this time, the prevailing mood of all parties involved is... objective but not totally detached contempt, distrust, with hostility None 12. What is your realistic view of a judicial or arbitrative outcome? I'm not sure A win...No doubt about it. None 13. A series of claims may flow from the same fact pattern. Is there any concern for repeating multiple claims should a ruling go against you? I would rather not establish a precedent I will take it as it comes. None 14. Is there any impending risk to you or any damaging consequences? Yes, and it is a concern Yes, and it doesn’t matter None Time's up
