Don Philbin Scheduled to Present at ABA Dispute Resolution Conference

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Picture It Settled Smartphone Application Helps Negotiators Graph Paths to Optimum Settlements

In my role as the Executive Vice President, General Counsel of JAMS I see and participate in many programs all over the world. Don Philbin is clearly head and shoulders above the rest. . . . Drop whatever you are doing and try to see him in action.

Picture It Settled™ founder and mediator Don Philbin will present preliminary findings from ongoing negotiation research at the annual conference of the American Bar Association Section of Dispute Resolution on Thursday, April 19, 2012 at 11:30 am. In a talk titled, “The Cadence of the Dance: What Neural Networks Are Teaching Us About Concession Rates,” Philbin will display graphs of dollar concessions in negotiation and the time between offers for different case types. He will also discuss predictive trends using sophisticated neural networks, patent pending algorithms, and data from thousands of case settlement negotiations and court statistics.

The annual ABA Dispute Resolution conference is the largest for dispute resolution professionals in the world and draws over a thousand attendees. This year, the conference is hosted at the Hyatt Regency Washington on Capital Hill, April 18-21. Presenters and attendees come from diverse backgrounds, ranging from academics to advocates, court administrators, corporate users, and dispute resolvers. All are domestic and global leaders of ADR techniques and philosophies. For more information about the conference, please visit the website.

This will be the fifth lecture at the conference by Philbin, co-chair of the ABA Section of Dispute Resolution’s Negotiation Committee. In the past, participant reviews have been positive:

"In my role as the Executive Vice President, General Counsel of JAMS I see and participate in many programs all over the world. Don Philbin is clearly head and shoulders above the rest and presents one of the most entertaining and most informative programs on risk analysis I have ever seen. Drop whatever you are doing and try to see him in action." – Jay Welsh, Executive Vice President, General Counsel, “JAMS”

“In a 25-year career of commercial litigation and five of full-time mediation and arbitration practice, Don Philbin's “Deal or No Deal” program stands out as one that actually gave me the tools to improve my practice the very next day. Don's talk riveted my attention; made me laugh out loud; and, made me think of negotiation and mediation in an entirely different light. This program – without more – will equip in-house counsel to WAX the other side at the negotiation table AND to teach his outside counsel how to negotiate a better deal for him the next time around. The day of the marginalized client in settlement negotiations is over and Don Philbin is the guy with the bargaining talent to watch.” –Victoria Pynchon, Forbes Blog “She Negotiates”

“Don practices what he preaches, and shows his audience how to do it, too – he uses a highly dynamic, compelling, richly visual presentation to convey his message to both the linguistic and graphic learning centers of his audience's minds. He takes an increasingly rich field of study – how people make decisions, and in particular how and why they make erroneous or irrational decisions – and applies that to the process of negotiation and settlement. What separates a "deal" from "no deal"? Don explains how psychological factors and biases cause litigants and even the most experienced counsel to make irrational decisions, and how to overcome these tendencies in a simple and systematic way.” – Deborah Rothman, Mediator & Arbitrator, Los Angeles

Philbin developed Picture It Settled™ using data from thousands of negotiating rounds in litigated cases and statistical data from a range of courts. In the three months since the debut of the smartphone app versions on Android, Apple, and BlackBerry, users have tested data set with non-case identifying information from another 2,000 negotiating rounds.

Philbin and Doug Noll, acclaimed author and mediator, teamed up to offer their popular course “Preventing Bad Settlement Decisions and Impasse Using Brain Science, Game Theory, Animated Communication, and Micro-Interventions” through Pepperdine Law’s top-rated Straus Institute for Dispute Resolution in Malibu, CA during the summer, June 21 – 23, 2012, and in Woodstock, VT, as the leaves fall, September 20 – 22, 2012.

Don Philbin, JD, MBA, LLM, was one of three Texas mediators listed in the inaugural edition of The International Who’s Who of Commercial Mediation in 2011, was recognized as the Outstanding Lawyer in Mediation for 2011 by the San Antonio Business Journal, and continues to be listed in The Best Lawyers in America, Texas Super Lawyers, U.S. News and Best Lawyers’ “Best Law Firm” survey, and The Best Lawyers in San Antonio. Don is also an elected fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators. Don not only mediates individual and class matters in a wide variety of substantive areas, he keeps up with cutting edge theory by continuing to teach academic and professional skills courses to seasoned lawyers and judges at Pepperdine Law’s top-ranked Straus Institute for Dispute Resolution, in addition to guest lectures at UT Law, St. Mary’s Law and other programs. His recently developed computer program, Picture It Settled™, helps litigants analyze positions and plot successful negotiating strategies using patent pending algorithms, neural networks, and data from thousands of case settlement negotiations and court statistics. Lite versions are available for free as smartphone apps on Android, Apple, and BlackBerry.

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Kristen Schnaus
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