Tag Archives: planned early dispute resolution

Lainey Feingold’s Book on Structured Negotiation

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

A No-Brainer?

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

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

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

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

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

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

Early Neutral Case Management, Tony Piazza, Biases, and Thanks for the Feedback

I just came back from the bi-annual training retreat of the National Academy of Distinguished Neutrals (NADN), where I was one of the speakers. I caught the second half of the program and each of these sessions was fascinating, as I describe below.   I had never heard of NADN before, and I was impressed … Continue reading Early Neutral Case Management, Tony Piazza, Biases, and Thanks for the Feedback

Conversation with Peter Benner about PEDR, Part 5

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, and Part 4 in this conversation.  This is Peter’s response to my last post. ________________________________________________ In your question of whether we may be in … Continue reading Conversation with Peter Benner about PEDR, Part 5

Conversation with Peter Benner about PEDR, Part 4

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 and Part 3 in this conversation. _______________________________________________________________ Peter, I think that your post helps move us closer to understanding the motivations of the players in corporate … Continue reading Conversation with Peter Benner about PEDR, Part 4

Conversation with Peter Benner about PEDR, Part 3

This conversation started with my post about planned early dispute resolution (PEDR).  My friend, Peter Benner, and I exchanged comments in that post.  Because we decided to continue this conversation for a while, I am posting our ideas in new posts, starting with the last one (Part 2-ish).  Here is Peter’s response to my last … Continue reading Conversation with Peter Benner about PEDR, Part 3