Tag Archives: Business Dispute Resolution

Review of Best-Selling Negotiation Text

This seems like an appropriate time to review that best-selling negotiation guide written in the 1980s. I refer, of course, to The Art of the Deal by Donald J. Trump.  (What – you were expecting Getting to Yes?) The leading presidential candidates from both major political parties have a lot of professional negotiation experience and … Continue reading Review of Best-Selling Negotiation Text

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?

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

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

Conversation with Peter Benner about PEDR, Part 2-ish

Alert readers have noticed that Peter Benner and I have been having a conversation about planned early dispute resolution (PEDR) in the comments to a recent post of mine on the subject. Peter, a mediator and ironman, is a friend with whom I share an interest in encouraging lawyers and parties – especially businesses – … Continue reading Conversation with Peter Benner about PEDR, Part 2-ish