Find Mediators Near You:

Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution

Lawyers face a great challenge in advising clients about what dispute resolution (DR) process to use. There are many DR processes and people are developing new variations all the time. The choice of process can have a huge impact on the parties. Thus it is important for lawyers to give clients good advice about the choice of process, though this is easier said than done.


This article suggests that local and subject-area legal practice communities use dispute systems design strategies to help lawyers counsel clients in choosing DR options. These strategies could include development of protocols for lawyers to assess DR options with convenient checklists, educational materials for clients, and trainings.


These strategies can include rules requiring lawyers to advise clients about DR options, but lawyers can easily circumvent these rules, which are not likely to be effective unless they are part of a comprehensive strategy.

Attachments to this Article

                        author

John Lande

John Lande is the Isidor Loeb Professor Emeritus at the University of Missouri School of Law and former director of its LLM Program in Dispute Resolution.  He received his J.D. from Hastings College of Law and Ph.D in sociology from the University of Wisconsin-Madison.  He began mediating professionally in 1982 in California.… MORE >

Featured Members

ad
View all

Read these next

Category

Bi-Partisanship

Ryan Lizza's article, "The Obama Memos," in this week's New Yorker, contains some inside information explaining how candidate Obama's promises to usher in a new style of politics, ran into...

By Joe Markowitz
Category

Conflict Management Lessons from Improv Theater

Conflict Remedy Blog by Lorraine SegalCan the rules of improv theater help us with conflict? Marianne Fleischer is a speechwriter-presentations skills executive coach and trainer who has a passion for...

By Lorraine Segal
Category

Conflict Management and Political Behaviour around the World

Can the TKI Conflict Model (i.e., the five conflict modes along with the assertiveness, cooperativeness, distributive, integrative, and protective dimensions) shed some (healing) light on the political behavior in the countries throughout...

By Ralph Kilmann
×