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.
Two Minute Trainings by Maria Simpson A recent article in Forbes (10/1/16) includes some really dismaying statistics about management communication and training. Here are just three: “a staggering number of...By Maria Simpson
It is obvious that not every mediator is equally successful. As some lawyers have better results, some artists create more remarkable works of art and students perform better with some...By Fredrike P. Bannink
This is a book review of Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration [Wolters Kluwer Law & Business 2015] by Klaus Peter Berger. Review by Michael Leathes. *** Private Dispute Resolution...By Klaus Peter Berger