Planned Early Dispute Resolution Name of Organization Date What You Will Learn What is planned early dispute resolution PEDR How you can get good results in your disputes What resources are available about PEDR ID: 488706
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Slide1
Benefiting from Planned Early Dispute Resolution
[Name of Organization]
[Date]Slide2
What You Will LearnWhat is planned early dispute resolution (PEDR)How you can get good results in your disputes
What resources are available about PEDRSlide3
What is PEDR?General and flexible approach to dispute resolution
Goal is to reach agreement satisfying most important interests of all parties
Alternative
to
litigation-as-usual (
i.e
., late negotiation, after expensive discovery, on the eve of trial)Slide4
Potential BenefitsProvide project management systemSatisfy your important interests
Save time and money
Reduce litigation risks
Improve communication with your lawyerSlide5
Two-Step ProcessBoth sides jointly figure out what is needed to negotiate at the earliest reasonable time
Make it happenSlide6
Actually More StepsLawyers work well with client and counterpart
Do early case assessment
Determine if negotiation is appropriate
Discuss procedural plans with
other side, including exchange of information and timing
Consider
using experts, mediators, or other
neutrals
Schedule meeting, establish objectives, set agenda,
and
prepare to negotiate
Use interest-based negotiation as appropriateSlide7
Early Case AssessmentPEDR starts with early case assessment (ECA):
Identify business interests and concerns
Obtain critical information
Analyze other side’s perspective
Analyze legal and other risks
Evaluate case and develop settlement strategy
Be prepared to
litigate, if necessarySlide8
UsingThird-Party NeutralsAs appropriate, use mediators or evaluators to:
Reduce adversarial tension
Reassure both sides about fairness
Manage procedural issues
Reduce and share case management costs
Overcome barriers to agreementSlide9
Isn’t This Just What Good Lawyers Do?
Sometimes, yes
Too often, noSlide10
Why Don’t Lawyers Use PEDR More Often?They are trapped in a
prison of fear
:
Fear
that other side won’t cooperate
Fear
of appearing weak
Fear
that other side will
take
advantage
Fear
that
client will lose confidence
Fear
of lost incomeSlide11
Keys to the Prison of FearDo ECA and proceed only if expected benefits outweigh risks
Make sure lawyer and client are on same “wavelength”
Use fee arrangement rewarding satisfactory early settlement
Tell other side you routinely consider PEDR
Negotiate only if other side will cooperate
Use mechanisms to check accuracy of information
Use interest based negotiations
Be prepared to “walk” if necessarySlide12
Client WorriesClients may worry that:
Their lawyer will not be a strong advocate
They will get a bad deal
PEDR will increase time and costSlide13
Possible SolutionsMake sure lawyer is willing to:
Negotiate seriously, if
appropriate
Reach reasonable settlement, if
possible
Litigate vigorously, if
necessarySlide14
Perceptions About Legal FeesIn general:
Clients want to pay as little as possible
Lawyers want to receive as much as possible
Clients worry that lawyers are taking advantage
Slide15
Possible SolutionsConsider alternative fee
systems advancing interests of clients and lawyers,
such as:
Premium
for early settlement, declining over time
Value billing -- set range of fees at outset; after matter ends, client chooses point within rangeSlide16
Value Of Alternative Fee Arrangements “We are buying less of what the law firms continue to sell—e.g., billable hours—but we’re simultaneously paying higher effective hourly rates. It is value on both sides of the equation.”
Mark Wolf,
Ass’t
General Counsel, FMC
TechnologiesSlide17
This Sounds Good But … ? ? ?
These ideas may sound good in theory but some people may think they won’t work in their cases.
What might be barriers in your cases?
How could you overcome these barriers?Slide18
For More Information
Read “PEDR User Guide”
ABA Section of Dispute Resolution
www.americanbar.org/groups/dispute_resolution.html
co-sponsored by
American Arbitration Association (AAA)
Int’l Institute for Conflict
Prevention and Resolution (CPR)
Judicial Arbitration and Mediation Service (JAMS
)