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
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
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 just released a new report entitled, Change the … Continue reading PEDR is Important for Culture Change in Courts
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
