Lawyer Monthly Legal Awards 2023 USA 87 What is Early Dispute Resolution? In traditional litigation, settlement typically comes only after lawyers engage in months or years of adversarial posturing that escalates the original conflict, deteriorates the relationship of the parties, and costs an ever-increasing amount of time and money. Early Dispute Resolution . . . or EDR . . . seeks to short-circuit the traditional litigation model and provide parties with methods, optimally using the services of a trained neutral, to resolve almost all disputes within 30-60 days at a fraction of the cost. Further, when done correctly, the parties should reach roughly the same resolution they would have reached after protracted discovery and motion practice. What are the benefits of EDR? Most lawsuits eventually settle . . . but at a real cost to the parties. If you settle on the courthouse steps, the parties have already incurred substantial expenses in discovery and preparing for a trial that, statistically, is very unlikely to ever occur. EDR seeks to circumvent the traditional litigation model by using a proven process to get the parties the information they need to form a settlement position, then use facilitative and evaluative techniques to attempt to negotiate a resolution to the dispute from a position of knowledge. The process has proved to be remarkably successful with a massive savings of time and money to most litigants. How does EDR work? When a dispute arises, the parties engage a specially trained mediator to act as a neutral. The neutral will meet with the parties to explain the EDR procedure and guide the parties in the implementation of the Early Dispute Resolution Protocols, a process specifically designed to enable the resolution of even the most complex disputes in a fraction of the time typically spent on traditional litigation. The EDR process itself involves four steps: first, the parties gather information known to them to better understand their own position and that of their adversary; second, the parties request limited information from the other side to enable them to form a settlement position; third, the parties, with the neutral’s assistance, evaluate the information to develop a risk-adjusted value of the case; fourth, using the information and analysis from the prior steps, the parties attempt to negotiate a resolution to the dispute using the neutral as a mediator. Where can I find out more about EDR? You can find out more about EDR or schedule a consultation by going to my website, www.HoustonMediation.com “EDR seeks to short-circuit the traditional litigation model and provide parties with methods, optimally using the services of a trained neutral, to resolve almost all disputes within 30-60 days at a fraction of the cost.” AREAS OF EXPERTISE • Litigation • Mediation • Arbitration • Early Dispute Resolution
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