Monthly Archives: November 2015

Study regarding early dispute resolution practices of corporations

Take a look via this link at a terrific blog post by colleague John Lande reporting preliminary findings of a study we are conducting together on why and how corporations use planned early dispute resolution. Early resolution processes remain vastly underutilized. Our study is designed to elicit ideas and insights from companies that have successfully implemented such practices and how others could do the same. See my earlier blog exchange with Prof Lande that led to the joint study.

Recent Innovations for Reaching Better Results at Lower Cost in Business Disputes

Peter W. Benner Two recent contributions to the dispute resolution field are reinforcing awareness of, and offering tools for,early and more favorable resolution of business disputes.  Both are available on the web: Planned Early Dispute Resolution (PEDR): Google “Planned Early Dispute Resolution” to reach the ABA Dispute Resolution Section website that describes the process and provides a download link to a pdf User Guide. Guided Choice Dispute Resolution System: The PEDR User Guide is a succinct 13-page “how to” digest fashioned by a Task Force of the ABA Dispute... Read More

Think Different About Business Disputes

The film Jobs recently chronicled what the Isaacs on biography did last year.  Steve Jobs was amodelof “disruptive innovation” whose work stood for how much can be gained when we “think different” (Jobsintentionally left off the “ly”…. to be different).  And the results for Apple have proven him a visionary—the object of fascination, and even the reverence, despite his foibles. As I practice as a mediator and arbitrator in business and healthcare cases, and teach dispute resolution in law schools, I encourage attorneys, their clients and law students to “think... Read More

Seven Habits of Highly Effective Litigators

Peter W. Benner Several months ago I published here a column entitled “Think Different About Business Disputes”, borrowing the “Think Different” tag from innovators Steve Jobs and Apple.  That article recognized that Thinking different is hard.  It can be risky.  Yet, tremendous opportunity and positive results, at much lower cost, can come from redirecting the focus of both counsel’s and the client’s attention early in the case toward direct interactions to explore mutual interests and means of achieving them, in parallel to adversary processes…  There is room—and a need—for this... Read More

ADR in 2014—Focus on Interests, Earlier, Quicker,More Carefully Designed

Peter W. Benner Dispute resolution practices are moving in a decidedly positive direction as the term “alternative” becomes outmoded.  Approaches other than a default to litigation have become mainstream. These trends will continue to develop as we move into 2014: Focus on Interests. Mediation finds its way into most cases now, as attorneys find they can obtain superior results for their clients and more effectively manage their own litigation practices.  There remains a primary reliance on evaluative forms of mediation, expecting the mediator to predict the outcome in court or... Read More
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