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

Planned Early Dispute Resolution

By: Peter W Benner About a year ago I wrote an article published here about the benefits of and barriers to early mediation. That continues to be one of my favorite subjects—even a mantra—for a few reasons. First, despite the increased incidence of mediation to help resolve legal and other disputes, mediation early in the life of a dispute remains slow to take hold, despite its clear benefits. I addressed that problem in the prior article and will summarize below. Second, there is no doubt that cognitive biases drive decisions... Read More

eBook on Early Mediation

It's very important, under appreciated and vastly underutilized. Satisfaction rates are much higher than settling late in a case, and even if you don't settle, you can narrow the issues and significantly reduce cost and the time to resolution. (Link for Download is also on Credentials page)
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