JAMS ADR Blog by Chris Poole
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers develop a new process to resolve disputes.
Back in 2011, the ABA Dispute Resolution Section appointed the Planned Early Dispute Resolution Task Force to promote Planned Early Dispute Resolution (PEDR) by lawyers and clients and to take advantage of ADR services and neutrals at the earliest appropriate time. PEDR is a general approach that enables parties and their lawyers to resolve disputes as early as reasonably possible.
PEDR aims to satisfy parties’ interests, reduce litigation risks and save time and money. It’s a major change from traditional approaches to dispute resolution for many businesses and their law firms, not merely a shift of procedures. PEDR is a framework for using a variety of dispute resolution processes, including direct negotiation, standing neutrals, mediation, arbitration and hybrid processes tailored for particular disputes. Although some businesses and their lawyers use a comprehensive PEDR approach, most probably do not.
The Task Force recently developed a user guide to help parties and lawyers develop and use a PEDR process tailored to the needs of each party. The guide focuses particularly on the needs of businesses, though some of the material can be adapted for lawyers representing other types of clients. To review the user guide, please click here.
This guide provides a great framework to help resolve disputes as early as possible and JAMS was happy to be one of the sponsors.
A comprehensive PEDR system includes:
General plans for preventing and resolving disputes
Early warning systems for issues that may lead to disputes
Identification and monitoring of disputes
Early case assessments to determine the best way to manage each dispute
Efficient and effective procedures for handling and resolving disputes
The Task Force also developed PowerPoint presentations and a short podcast, which you can find here.
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