It sometime sometimes seems that the community of business lawyers is divided into two broad tribes: The lawyers who handle the deals, and the lawyers who handle what happens when the deals fall apart. Unfortunately, these two tribes too seldom mix. They don’t go to the same ABA meetings, their...
Tag Archives: conflict management
The ABA Dispute Resolution Section will again observe "Mediation Week" on October 14-18, 2013, encouraging local events and teaching sessions to foster the use of mediation in various contexts. Attorney Peter V. Arcese has assembled a panel of mediators including myself, Patrick Westerkamp and Eunice Salton to a discussion on...
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...
Hanging around my notebook are musings and questions waiting for an iron to get hot enough to strike. Well, the iron hasn't and it being August we might as well just lay them down there, unconnected but I hope not worthless....
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...