October 01, 2013

Planned Early Dispute Resolution (PEDR)

Planned Early Dispute Resolution Project

The American Bar Association Section of Dispute Resolution appointed the Planned Early Dispute Resolution (PEDR) Task Force to promote planned early dispute resolution by lawyers and clients and to take advantage of the services of neutral dispute resolution professionals at the earliest appropriate time.

In an all-too-common pattern in “litigation as usual,” settlement comes only after the lawyers engage in adversarial posturing, the litigation process escalates the original conflict, the parties’ relationship deteriorates, the process takes a long time and a lot of money, and none of the parties is particularly happy with the settlement. Although some lawyers enjoy this process and make a good living from it, many lawyers would prefer to use a more productive and efficient process, but they feel stuck in playing the adversarial “game.”

The Task Force developed a user guide, which you can download below, to help parties and lawyers develop and use a PEDR process tailored to the needs of each party. This guide is co-Sponsored by the American Arbitration Association (AAA), International Institute for Conflict Prevention and Resolution (CPR), and the Judicial Arbitration and Mediation Service (JAMS).

The Task Force also developed powerpoint presentations that you can use to give presentations about PEDR. This webpage provides suggestions for giving such presentations.

This webpage also includes a short podcast summarizing the general principles of PEDR.