All posts by pwbresol

Reasons for Co-Mediation of Med Mal Claims

Here are the reasons that co-mediation, described in a earlier post, with a physician and facilitative mediator can improve both the process and outcome compared to other approaches, and particularly to the quagmire of litigation: • First and foremost, this approach can effectively address perhaps the most critical element of any injury claim, and that is ensuring that legitimate claims are compensated reasonably and fairly, non-meritorious claims are identified and addressed accordingly, and the parties to the process feel that their voices have been heard and their interests met. Mediation... Read More

Solving the Med-Mal Riddle Through Co-Mediation

Consider a new approach to the review and resolution of difficult medical malpractice claims alternative to the courts that does not require legislation.  The following co-mediation model offers and alternative to the present system only with the consent of  the current players.. As with any voluntary system, the incentive to opt in must be great enough to encourage active and good faith participation. So the system must be designed to remedy the current problems, meet the needs and address the misgivings of the participants, and have sufficient flexibility to allow for adjustments as... Read More

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