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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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.


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.

Intellectual Property

Six Things You Should Know About Mediating Licensing Disputes

February 10, 2014

Savvy business people are looking to mediation as a way to cut the transaction costs of managing intellectual property disputes by avoiding lengthy litigation. Only a small number of costly patent infringement cases go to trial, and about 90% of these are resolved, often by entering into a licensing agreement for future use.

Mediation is a low-risk process. It has an impressively high success rate when conducted by an experienced mediator. Participants value the confidentiality that cloaks the process and also the control that they gain over the resolution of the dispute.

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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