Category Archives: Assisted Process Design

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

Avoiding Costly Conflict Escalation through Assisted Process Design

Growing acceptance of mediation and other consensual processes is allowing lawyers and their clients more readily to reach resolutions that avoid the risk and prohibitive cost of a trial. Many cases still drag on too long, taking on a life of their own, only to be settled out of exhaustion, with relief and resignation, on the eve of trial. Why does this cycle keep repeating itself? The core reason is the intrinsic tendency of conflict to escalate once it is underway. The investment of time, psychic energy and money breeds... Read More