Category Archives: Primary Dispute Resolution (PDR)

The Case for Early Mediation; Part II of II

In our last blog post, the first in this two-part post about the case for early mediation, we discussed traditional, post-discovery mediation and its role as essentially an alternative to trial.  In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to …

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Posted in Audio, Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, conflict, Conflict partnering process, Creative Solutions, Cutting litigation costs, Dispute Resolution Advocacy, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Primary Dispute Resolution (PDR), resolution, Respect and civility, Saving money in tough times | Comments Off

The Case for Early Mediation; Part I of II

Before We Talk About Mediation and the Value of Early Mediation, Let’s Start with Two Key Questions to Ask Yourself About Your Dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable and (b) are the parties willing and …

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Posted in Audio, Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, conflict, Conflict partnering process, Creative Solutions, Cutting litigation costs, Dispute Resolution Advocacy, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Primary Dispute Resolution (PDR), resolution, Respect and civility, Saving money in tough times | Comments Off

Resolving a Dispute is like Traveling…

Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment: If you take the wrong road, you won’t get the result you want. My friend Liz Ferris, a marketing consultant who works with lawyers around the world, has often given us this simple but often overlooked advice: “If you want to achieve your …

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Posted in Arbitration, Case Evaluation, Choose Best Course, Collaborative Law, Collaborative Mediation, Collaborative Processes, Course of Action, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, litigation, Mediation, Primary Dispute Resolution (PDR), resolution, Resolve Conflict, Steps to Resolution | Comments Off

Replacing the Affordable Care Act; How to NOT Resolve Disputes

President Trump and his team gave us a quick course on how not to resolve a dispute in their efforts to replace the Affordable Care Act (ACA, a.k.a. Obamacare).  Their effort and its shortcomings help to show the importance of four key ingredients to approaching dispute resolution to get a good result. Most Americans agree that the ACA has shortcomings …

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Posted in Collaborative Law, Collaborative Mediation, Common Ground, conflict, Conflict partnering process, Consensus, Creative Solutions, Dispute Resolution Process, Dispute Resolution Resources, Perseverance, Perspectives, Primary Dispute Resolution (PDR), Respect and civility, teamwork, trust | Comments Off

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

Posted: October 25, 2016 in the Boston Bar Journal. We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs. Yet, until recently, the legal profession’s response to the increasingly tailored needs of our clients has been to …

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Posted in Business, Collaborative Law, Primary Dispute Resolution (PDR) | Comments Off

Let’s cross-examine the case before we decide to file that lawsuit

I think it’s a good idea for people who find themselves in a dispute to do some cross-examining before they file a lawsuit.  Sounds odd, right?  After all, based on what we know about litigation and how the legal process works from what we see on TV and in the movies, cross-examination is the high point of the lawsuit; it’s …

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Posted in court, cross-examining, lawsuit, Primary Care Law, Primary Dispute Resolution (PDR) | Comments Off

True Legal Counselors – Back to the Future

What is a lawyer’s role in serving the needs of his or her clients? What do our clients want from us as their legal counsel? Maybe the better question is this: What do our clients need us to be for them? I’ve given this a lot of thought in nearly 2… Continue reading

Posted in Business, Dispute Resolution Resources, Perspectives, Primary Dispute Resolution (PDR) | Comments Off

Ask your lawyer about PRD, coming from down-under

In our last blog, we began the discussion of what ADR is and why people are steadily asking their lawyers to use processes like mediation and collaborative law. We talked about arbitration becoming more and more like litigation. Continue reading

Posted in Collaborative Law, Collaborative Mediation, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR), Sustainability | Comments Off

Ask your lawyer for “PDR” and help make the “Alternative” the “Primary”

We use different approaches like mediation, collaborative law, conciliation, case evaluation and our own Integrated Dispute Resolution (“IDR”) to help people solve their problem and we tailor that approach to the specific situation and circumstance… Continue reading

Posted in Case Evaluation, Collaborative Law, Collaborative Processes, Mediation, Primary Dispute Resolution (PDR), Seven compelling reasons for ADR | Comments Off