This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures. The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation. The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework
This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program. This part describes … Continue reading Early Dispute Resolution Processes
Canadian mediator Rick Weiler wrote a post on the Kluwer Mediation Blog raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants. He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and … Continue reading Planning for Good Quality Decision-Making in Mediation Using PETSM
The ABA is offering a 30% discount on its 2017 books. The discount is available only through the end of the month, so you need to act soon to take advantage of this offer. The Section of Dispute Resolution published the following books that qualify for this discount: ● Beyond Smart: Lawyering with Emotional Intelligence … Continue reading 30% Discount on ABA Books — Thru End of February
This post describes CLE presentations I gave for the Texas Bar. It provides material for participants at the program and is another illustration of how people can use the Stone Soup Project idea of using continuing education programs to produce and share knowledge about actual practice. I previously tested this approach in two days of … Continue reading Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation
This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published in Family Advocate, the magazine … Continue reading Three Easy Pieces
This week I gave a talk by skype to EFOI Elayne Greenberg’s Dispute System Design Seminar through St. John’s Hon. Hugh L. Carey Center for Dispute Resolution. This year-long honors seminar is described as follows. “The 3L Carey Center Fellows in the seminar use a textbook, and explore real-life examples, that introduce the core elements … Continue reading Presentation at St. John’s DSD Seminar on Overcoming Barriers to Implementation of PEDR Systems
In June, John Kiernan gave a talk in which he argued that the ADR field has reached a first level of maturity but “ADR remains far short of its full, what might be called ‘level two maturity.’” He gave the talk at a luncheon of Association for Conflict Resolution of Greater New York, where he … Continue reading How to Reach “Level Two Maturity” in Handling Civil Disputes
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below. Before I get to her description, I want to say a few words about why I think her book is particularly important. I have been writing about early dispute resolution, especially planned … Continue reading Lainey Feingold’s Book on Structured Negotiation
Peter Benner and I will do a free webinar on Thursday, July 28, at 3 pm Eastern Time, entitled Streamlining Disputes: The Mediator as Case Manager. Although it’s free, you have to register for it. This webinar is sponsored by the International and Commercial Sections of the Association for Conflict Resolution.
One might assume that using a “planned early dispute resolution” (PEDR) system should be a “no-brainer” for businesses that regularly litigate because litigation-as-usual undermines many business interests such as efficiency, protection of reputations and relationships, control of disputing and business operations generally, and risk management, among others. Although this seems like a plausible assumption, the … Continue reading A No-Brainer?
On December 1, amendments to the Federal Rules of Civil Procedure will take effect which are intended to change the culture of litigation. According to a post on the Institute for the Advancement of the American Legal System (IAALS) blog, the new rules affect “judicial case management, disclosure, use of experts, and education for judges.” … Continue reading FRCP Amendments Intended to Change Culture of Litigation