You Know ADR, But What About EDR?
Blog PostFeatured in the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's "The Briefs"
BMD Member Bob Hager and Partner Jessica Hew recently co-authored a featured article for the Cleveland Metropolitan Bar Journal and the Orange County Bar Association's magazine, "The Briefs." Discover their insights on strategically selecting dispute resolution methods and effective implementation tips by reading the full article here.
Resolution of Legal Disputes
Most lawyers are familiar with mediation and arbitration as alternative forms of dispute resolution. Contracts often require the parties to engage in non-binding mediation as a condition precedent to filing a Complaint or Demand for Arbitration. Local Rules of Court and Case Management Orders often include provisions for court-ordered mediation as a method of reducing the number of civil actions which proceed to trial. Lawyers have various tools available to help clients resolve their disputes. Strategic selection of the preferred dispute resolution method must be made by attorneys and their clients on a case-by-case basis.
While litigation is necessary and appropriate in certain circumstances, it certainly has disadvantages as pointed out by Abraham Lincoln:
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good [person]. There will still be business enough.
With these words of wisdom in mind, lawyers should be creative when deciding how to bring value to and best serve their clients.
Read the full article in the Cleveland Metropolitan Bar Journal or the Orange County Bar Association's "The Briefs."
