Archive for January, 2009
Part II. ADR’s Time Efficiency
January 31st, 2009 | 
Author: Suppose I told you that if you want to resolve your dispute by suing and going to trial, it could take you two, three and maybe more years to get a verdict? Explain this typical litigation timetable to young entrepreneurs, and they’ll think you’re from another planet. Their typical response: “That doesn’t work for us.”
Or you review your recent bill from your lawyer – $600 for a status conference at court. You ask what the lawyer talked about at a two hour status conference @ $300 an hr. Your lawyer explains that he arrived at court at 9 am, the judge began calling cases at 9:20, 30 minutes later your case was called, both lawyers indicated that they were present. Twenty minutes later the docket call was completed, all those with status conferences were then directed to another courtroom upstairs, 10 minutes later another call of those present for status conferences was called and 20 minutes later you got in to meet with the magistrate or law clerk for a 20 minute status conference. Maybe, because your lawyer felt bad about this and didn’t bill you for the other hour he would normally bill you for the spent traveling to and from the court. It wasn’t your lawyer’s fault, and he had to get paid for his time, but you got 20 minutes of value for your $600. Read the rest of this entry »
Seven compelling reasons to utilize ADR methods
Tough Economic Times Call for More Efficient Dispute Resolution
I’m often reminded and amazed by how sensible and logical it is to opt for using certain forms of alternative dispute resolution. But even moreso in these kinds of tough economic times, where people are searching for ways to cut costs and not sacrifice quality or efficiency, the good sense and logic of alternative dispute resolution (“ADR”) screams out to be recognized and understood. Here are seven very compelling reasons why using ADR methods have serious advantages:
1. Costs savings; 2. Time efficiency; 3. Preservation of important business and personal relationships 4. Ability to design solutions tailored to the specific circumstances and situation; 5. Maintaining confidentiality; 6. Sovereignty of the Client; 7. Civility, Respect and doing it right. Read the rest of this entry »
Using Collaborative Practice in Church Disputes
| Using Collaborative Practice in church disputes; Jan. 17, 2009 |
| 2009.01.17 23:53:57 | |
| I was recently reading in Time magazine about the continuing tension between Roman Catholic parishioners fighting to keep older parishes alive and running, despite the plans of the governing Catholic archdioceses to close them down and sell them off. The article stated that the Catholic hierarchy needed to sell the parishes and real estate due to declines in membership and the cost of litigation and paying settlement damages arising out of clergy-sexual abuse claims. I couldn’t help but recognize how useful a dispute resolution tool for both sides of the dispute Collaborative Law would be in that kind of situation, where there are so many interests to consider — those of the parishioners and families, those of the parish itself or the archidiocese involved and of the Catholic Church, and for that matter, organized religion itself. And the issues and interests are so deeply interwoven and interconnected that all those involved could benefit deeply from the approaches of collaborative negotiations, the collective use of various neutral experts - psychologists, counselors, financial advisors, communications coaches, etc., all working together with the parties to develop deeper resolutions with options that satisfy all the needs and interests at the negotiation table. Instead, we hear of random lawusuits here and there, settlements in some, long delays in others, parishioners sleeping on pews in parishes on cold winter nights to to keep watch or seige over the parish, etc. Church leaders want to be and should be investing their time and energies in more the important callings. Instead, they often have to use huge chunks of time and energy - and large sums of money — entrenched in the litigation processes that so consume them. Through all this, relationships are damaged, often beyond repair; trust that once was has eroded; the spiritual needs of parishioners are overlooked; the callings that inspired and attracted right-minded young men to serve God in some meaningful and lives-changing way are lost in the shuffle, caught in the crossfire of one chess match or another; the reputation of priests, pastors, parishes, dioceses, hierarachs and the Church itself takes a huge hit.
Practitioners of Collaborative Practice and other forms of alternative dispute resolution know that it doesn’t have to go this way. And these practitioners, committed to transforming the way disputes are resolved, have to tools and the know-how to help. All that stands in the way is for the problems and situations these churches and parishioners face to be connected with the appropriate processes and solutions. Public education about the choices that exist in dispute resolution other than lawsuits and court will help to link those who have the willingness and training to help with meaningful, efficient solutions and those who are in clear need of them, in order to best satisfy their interests. |
Posted in Church Disputes, Dispute Resolution Resources | 
Tags: Collaborative Processes, Religious Disputes | 
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