Tag Archives: promoting use of DR

A Model Dispute Resolution Firm

Recently, all-around mensch David Hoffman, the founder of the Boston Law Collaborative, circulated a note about his firm’s new website with the following description of the firm. “Boston Law Collaborative is a multidisciplinary law firm devoted to conflict resolution and the practice of collaborative law.  Our goal is to save our clients time, money, and … Continue reading A Model Dispute Resolution Firm

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

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

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

Planning is Critically Important for Early Dispute Resolution

This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below.  There are six additional posts in this conversation.   At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution