benefiting from planned early dispute resolution
DESCRIPTION
Benefiting from Planned Early Dispute Resolution. [Name of Organization] [Date]. What You Will Learn. What is planned early dispute resolution (PEDR) How lawyers can get good results for clients using PEDR (and still earn a good living) What resources are available about PEDR. - PowerPoint PPT PresentationTRANSCRIPT
![Page 1: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/1.jpg)
Benefiting from Planned Early
Dispute Resolution[Name of Organization]
[Date]
![Page 2: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/2.jpg)
What You Will LearnWhat is planned early dispute resolution (PEDR)How lawyers can get good results for clients
using PEDR (and still earn a good living)What resources are available about PEDR
![Page 3: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/3.jpg)
What is PEDR?General and flexible approach to dispute
resolutionGoal is to reach agreement satisfying the
important interests of all partiesAlternative to litigation-as-usual (i.e., late
negotiation, after expensive discovery, on the eve of trial)
![Page 4: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/4.jpg)
Potential BenefitsProvide project management systemSatisfy clients’ interests Save client time and moneyReduce litigation risksIncrease lawyers’ effective billing rateGenerate client good will and repeat business
![Page 5: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/5.jpg)
Two-Step ProcessLawyers (with client input) jointly figure out
what is needed to negotiate at earliest reasonable time
Make it happen
![Page 6: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/6.jpg)
Actually More StepsDevelop productive relationships with client and
counterpartDo early case assessmentDetermine if negotiation is appropriateDiscuss procedural plans with counterpart, including
exchange of informationConsider using experts, mediators, or other neutralsSchedule meeting, set agenda, and prepare clients Use interest-based negotiation as appropriate
![Page 7: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/7.jpg)
Early Case AssessmentPEDR starts with early case assessment (ECA):Identify business interests and concernsAnalyze other side’s perspectiveObtain critical informationAnalyze legal and other risksEvaluate case and develop settlement
strategyBe prepared to litigate, if necessary
![Page 8: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/8.jpg)
UsingThird-Party Neutrals
As appropriate, use mediators or evaluators to:Reduce adversarial tensionReassure parties about fairnessManage procedural issuesReduce and share case management costsOvercome barriers to agreement
![Page 9: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/9.jpg)
Isn’t This Just What Good Lawyers Do?
Sometimes, yes
Too often, no
![Page 10: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/10.jpg)
Why Don’t Lawyers Use PEDR More Often?
They are trapped in a prison of fear:Fear that other side won’t cooperateFear of appearing weak Fear that other side will take advantageFear that client will lose confidenceFear of lost income
![Page 11: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/11.jpg)
Keys to the Prison of Fear
Do ECA and proceed only if expected benefits outweigh risksEducate client and get consentUse fee arrangement rewarding satisfactory early settlementTell other side you routinely consider PEDRNegotiate only if other side will cooperateUse mechanisms to check accuracy of informationUse interest based negotiationsBe prepared to “walk” if necessary
![Page 12: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/12.jpg)
Challenges To Getting Client Buy-in
Clients may worry that:Their lawyer will not be a strong advocateThey will get a bad dealPEDR will increase time and cost
![Page 13: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/13.jpg)
Lawyers’ SolutionsIdentify client’s specific concernsEstablish clear objectives/milestones Give examples of successful negotiationsAssure client of willingness to:
Negotiate seriously, if appropriateReach reasonable settlement, if possibleLitigate vigorously, if necessary
![Page 14: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/14.jpg)
Perceptions About Legal Fees
In general:Clients want to pay as little as possibleLawyers want to receive as much as possibleClients worry that lawyers are taking advantage
![Page 15: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/15.jpg)
Possible SolutionsGive clients choice of fee systems advancing interests of clients and lawyers, such as:Premium for early settlement, declining over
timeValue billing -- set range of fees at outset;
after matter ends, client chooses point within range
![Page 16: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/16.jpg)
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 Technologies
![Page 17: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/17.jpg)
Challenges WithCounterpart Counsel
Adversarial relationship causing risk of disadvantage
Hard to simultaneously:Explore settlement
andVigorously protect clients’ interests
![Page 18: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/18.jpg)
Possible Solutions• Develop personal relationship with counterpart,
e.g., have lunch early in case•Offer other side “the easy way or the hard
way”•Express preference for easy way•Be willing to use hard way if needed
![Page 19: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/19.jpg)
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?
![Page 20: Benefiting from Planned Early Dispute Resolution](https://reader035.vdocuments.us/reader035/viewer/2022070421/56816262550346895dd2c0ee/html5/thumbnails/20.jpg)
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)