At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne...
Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair...
An interesting presentation on dispute prevention was featured at the recent UIA World Mediation Forum in Prague. The presenters demonstrated that project managers, not lawyers, may be the best equipped to save time and money by avoiding disputes. ...
Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called "How to Manage Disputes in a Flat World." Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
At the recent ABA Business Law Section Meeting in Washington, the Dispute Resolution Committee offered an interesting program titled "Who Gets What?" The panel discussed how one designs compensation schemes that address the needs of victims of mass disasters. Some of these events might be natural (i.e., storms) and others...
Two panels at the upcoming meeting of the ABA Business Law Section in Washington, DC, will be of interest to business lawyers concerned with conflict management. The first, on Friday April 5 at 8:00 a.m., addresses Early Negotiation and Dispute Management and features David Burt of DuPont, Kathy Bryan of CPR, Ben Picker...