Survey of Early Dispute Resolution Movements and Possible Next Steps

I recently gave a presentation to the ABA SDR’s Early Dispute Resolution Committee and I planned to write a blog post summarizing the presentation.  Well, that post grew into this paper, Survey of Early Dispute Resolution Movements and Possible Next Steps.  I have been studying EDR for 20 years and this overgrown blog post distills my findings and insights, providing a travelogue of my intellectual journey on this subject.

Here’s an outline of the short sections in the paper:

1. Goals and Limitations of Early Dispute Resolution
2. Array of Early Dispute Resolution Processes
3. Collaborative Practice
4. Cooperative Practice
5. Lawyering with Planned Early Negotiation
6. Litigation Interest and Risk Assessment
7. Early Mediation

A. Pre-Suit Mediation
B. Planned Early Two-Stage Mediation
C. Planned Early Multi-Stage Mediation
D. Early Dispute Resolution Institute Process
E. Guided Choice Early Dispute Resolution

8. Planned Early Dispute Resolution Systems
9. Possible Next Steps for EDR Movements

A. Develop Realistic Theories of Change
B. Promote Effective Early Case Assessment Processes
C. Focus on Building Constructive Relationships
D. Change Disputing Cultures

10. Conclusion

Section 9 on possible next steps is relevant to ADR generally, not just EDR.

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