Category Archives: Collaborative Law

The Space Between: What can be done between a dispute arising and filing a lawsuit

When you read the advice of Abraham Lincoln about being a lawyer, you realize that the role of lawyers in Lincoln’s view was more expanded than someone you hire to file a suit, conduct litigation and (rarely) try the case. Lincoln saw lawyers’ role… Continue reading

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Collaborative Law in Civil Disputes and Basketball’s Triangle Offense

This blog post is in honor of “March Madness”, i.e. the NCAA’s annual basketball championship, which is basketball at its best. For basketball junkies like me, there was a great article in the Fall, 2013 issue of Good magazine about the Triangle … Continue reading

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Three Misconceptions about Using Collaborative Law in employment disputes

Over 2013, we heard a few reasons from employers and companies for why they would forego using Collaborative Law – a much more efficient dispute resolution process than litigation – and opt for litigation or arbitration instead. For any employe… Continue reading

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So What is this Different Kind of Legal Advocacy?

One reason we changed the name of our firm recently to Dispute Resolution Counsel was to highlight the role that lawyers play in representing their clients in an alternative dispute resolution (ADR) processes. The role, approach and technique of a lawy… Continue reading

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Replacing the “Blame Game” with a “New Game Plan”

Two recent Boston Globe stories (2 21 13) stood out for their common theme – that of laying blame and finding fault. One article entitled “Not Without Blame” apportioned blame for what happened to the 2012 Red Sox. The other story was about the l… Continue reading

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Do parties in a dispute want Settlement or Resolution?

Choosing the wrong dispute resolution process may very well prevent the parties from achieving their goals and satisfying their interests.The post Do parties in a dispute want Settlement or Resolution? appeared first on Dispute Resolution Counsel. Continue reading

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What does “Getting My Day in Court” mean, really?

What typically happens to a person who is in a dispute and wants to “get his/her day in court”? Much of my practice is either representing employers or employees in employment disputes or mediating employment disputes. The first call from an upset … Continue reading

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If they are all doing it and if it’s the new “thing” in business, why aren’t we doing it more in law?

So why aren’t we jumping all over processes like Collaborative Law in dispute resolution? Business, education, science, medicine, information technology, and other fields of endeavor have given us multiple successful models built around the principl… Continue reading

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What if we took losing out of dispute resolution?

I was recently on Good Harbor Beach in Gloucester, MA relaxing and journal writing.  I noticed two women hitting a volleyball back and forth in a small box on the sand.  In the aftermath of gold and silver medals for U.S. women’s beach volleyball a… Continue reading

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So What Does Identity Theft Have to do with Dispute Resolution?

So what about identity theft? Why are we writing about it in a blog about alternative ways of resolving disputes? ..When it comes to resolving disputes, most people are also the victims of this same kind of identity theft. The choice of what to do ab… Continue reading

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