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Are there Alternatives that can help you improve your practice?

Alternatives to the High Cost of Litigation The official publication of the International Institute for Conflict Prevention & Resolution with
  • Successful mediation techniques 
  • Advances in arbitration 
  • How to draft ADR clauses 
  • Insights on using ADR with the government
  • and more
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Litigation

Getting to Yes … or No: Dispute Resolution that Really Resolves Disputes

July-August 2015

Show of hands: How many people reading this are old enough to remember when civil litigation actually resolved disputes?


ADR Techniques

Evaluate It: How to Reset the Business Mediation Process

February/March 2015

Although mediation is often touted for its flexibility, it has become increasingly common to apply a set of standardized mediation practices to a broad range of civil disputes. The tendency to do so frequently shortchanges the large complex case that is sent to early mediation, or that arrives at mediation because a contract provision requires that mediation occurs before litigation or arbitration can proceed.

This article addresses why mediation often fails in such circumstances and offers an approach that is tailored to the specific needs of commercial parties involved in complex litigation or arbitration.



MEDIATION

A Path to Successful Early Mediation

April 4, 2014

The Early Bird Catches …

The benefits: Successful early mediation can save time and legal fees, enabling parties to move forward with business planning, without the uncertainties of pending proceedings.

Resistance: Counsel have unrealistic outcome expectations and are often blinded by the narrative that they have developed, or expect that document production and depositions will expose weaknesses in the other’s case.

Success: Early mediation success is maximized by using evaluative mediation to give parties a more realistic view of their potential for success in the matter.



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Meet the Editor
Russ Bleemer

Russ Bleemer
Managing Editor

Russ Bleemer is the editor of CPR’s monthly newsletter on business conflict resolution, Alternatives, produced by CPR Institute and Jossey-Bass, a Wiley Brand. Read More

Editorial Board
John J. Bouma
Snell & Wilmer
Phoenix, Arizona  

A. Stephens Clay
Kilpatrick Stockton
Atlanta, Georgia  

Jamie Broder
Paul, Hastings, Janofsky & Walker
Los Angeles, California  

Kathleen A. Byran
Chair, Editorial Board
CPR Institute
New York, New York  

Cathy A. Constantino
Federal Deposit Insurance Corp.
Washington, D.C.  

Robert A. Creo
Master Mediators LLC
Pittsburgh, Pennsylvania  

Laura Effel
Larkspur, California  

Lawrence J. Fox
Drinker, Biddle & Reath
Philadelphia, Pennsylvania  

Marc Galanter
University of Wisconsin Law School
Madison, Wisconsin  

Whitmore Gray
Fordham University School of Law/University of Michigan Law School
New York  

Read More
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