From the EDR Chair
Welcome to the October 2018 newsletter sponsored by the Early Dispute Resolution Committee. Here is a preview of the engaging articles you will find below:
Companies today aspire to transact business, achieve efficiencies, and continuously improve at the speed of light. Why haven’t business leaders demanded the same from dispute lawyers, who remain content with timelines of 12 to 24 months and steadily increasing costs running easily into the hundreds of thousands?
John Lande addresses this issue in his article, “Promoting Early Dispute Resolution in Civil Cases.” He addresses why collaborative law in divorce disputes has become successful, but early dispute resolution models for non-family law civil disputes have languished. His article argues that the success of collaborative law may not be as significant as generally thought, and that many dispute resolution lawyers actually are focused on early resolution, though not using a prescribed model.
John Sarratt is bullish on the collaborative model. In his article, “Expanding the Collaborative World to Civil Practitioners,” he explains the basics of collaborative law and how the organization in which he is the current President, the Global Collaborative Law Council, is focused on expanding the application of collaborative law’s 4-way agreement and protocols to non-family civil disputes.
Peter Silverman’s article, 4-Step Early Dispute Resolution in 30 days or Less, is an introduction to a rigorous 4-step process to seek resolution in no longer than 30 days from the inception of a dispute. This article is a short summary of a much-longer comprehensive paper on the process and detailed set of protocols for the practice. For those interested in learning more, the article provides URL citations for the comprehensive paper and the practice protocols.
Finally, Lainey Feingold’s article, “What Can Structured Negotiation Offer the Business Attorney? A Lot!” originally published in Business Law Today and linked below, discusses dispute resolution model she’s developed, Structured Negotiation.
We hope you enjoy this issue and welcome any feedback. Please reach out if you’d like to get active on the Committee.
EDR Committee Chair