Category Archives: Dispute Resolution

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

June Email Newsletter–Make ADR Work for You

Improve Litigation Results and Boost Client Satisfaction June 2014 This is a continuation of the series to introduce or reinforce ideas that you may not have fully considered and that you can use immediately to have a direct, positive impact on your practice. As I have said, the time is now to do even more to address the increasing pressures and relieve the constraints that lawyers, and their clients, are under–and obtain better results in the process. Convert “ADR” from an “Alarming Drop in Revenue” to “Achieve Dazzling Results”–and repeat... Read More

A look ahead to 2014 in Dispute Resolution

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 put a “value”... Read More

How Acknowledging Our Ignorance Can Improve Dispute Resolution

Research being conducted at the University of Pennsylvania and Berkeley, among other places, shows that reputed “experts” or “pundits” whose predictions and forecasts form the basis of policy and strategic decisions are, quite simply, wrong about as often as they are right. There is no material statistical support for the accuracy of expert forecasts. The following quote from a terrific article by Dan Gardner and Philip Tetlock, entitled “Overcoming Our Aversion To Acknowledging Our Ignorance” ( gives a trenchant summary: Despite massive amounts of money, effort, and ingenuity, our ability... Read More
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