Tag Archives: Planned Early Dispute Resolution

Presentation at St. John’s DSD Seminar on Overcoming Barriers to Implementation of PEDR Systems

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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 →

How to Reach “Level Two Maturity” in Handling Civil Disputes

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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 →

Lainey Feingold’s Book on Structured Negotiation

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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 →

Free Webinar on July 28 – Streamlining Disputes: The Mediator as Case Manager

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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.

A No-Brainer?

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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? →

FRCP Amendments Intended to Change Culture of Litigation

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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 →

Why and How Corporations Use PEDR – Preliminary Findings

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On Friday, I was honored to join the all-star cast – including keynoter Lisa Blomgren Amsler, Jackie Font-Guzmán, Susan Franck, Tim Hedeen, Mariana Hernandez Crespo, Jan Martinez, Jackie Nolan-Haley, Jen Reynolds, Colin Rule, Andrea Schneider, Nancy Welsh, and Maureen Weston – at St. Thomas Law School’s Symposium, Dispute System Design: Justice, Accountability and Impact. I … Continue reading Why and How Corporations Use PEDR – Preliminary Findings →

PEDR is Important for Culture Change in Courts

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As you may know, the Institute for the Advancement of the American Legal System (IAALS), is a “national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system.”  It is an impressive, high-powered organization based in the University of Denver. It has four major initiatives:  (1) Quality Judges (promoting … Continue reading PEDR is Important for Culture Change in Courts →

Conversation with Peter Benner about PEDR, Part 7

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This conversation started with my post about planned early dispute resolution (PEDR).   My friend, Peter Benner, and I exchanged comments in that post.   Here are links to Part 2-ish, Part 3, Part 4, Part 5, and Part 6 in this conversation.  This is the last part for now. _____ Peter, throughout this conversation, you have … Continue reading Conversation with Peter Benner about PEDR, Part 7 →

Conversation with Peter Benner about PEDR, Part 6

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This conversation started with my post about planned early dispute resolution (PEDR).  My friend, Peter Benner, and I exchanged comments in that post.  Here are links to Part 2-ish, Part 3, Part 4, and Part 5 in this conversation.   I had some questions about Peter’s last post.  Here I pose the questions and Peter responded. … Continue reading Conversation with Peter Benner about PEDR, Part 6 →