If You Want Your “Day in Court”, Don’t Go to Court

Michael Zeytoonian Dispute Resolution Resources, Perspectives

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.   Here are some other common emotional responses when someone finds themselves in a dispute: “I want justice to be done.”  “The other side has to pay for what he/she/it did to …

The Case for Early Mediation; Part II of II

Michael Zeytoonian Audio, Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

In our last blog post, the first in this two-part post about the case for early mediation, we discussed traditional, post-discovery mediation and its role as essentially an alternative to trial.  In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to …

The Case for Early Mediation; Part I of II

Michael Zeytoonian Audio, Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

Before We Talk About Mediation and the Value of Early Mediation, Let’s Start with Two Key Questions to Ask Yourself About Your Dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable and (b) are the parties willing and …

Resolving a Dispute is like Traveling…

Michael Zeytoonian Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment: If you take the wrong road, you won’t get the result you want. My friend Liz Ferris, a marketing consultant who works with lawyers around the world, has often given us this simple but often overlooked advice: “If you want to achieve your …

Replacing the Affordable Care Act; How to NOT Resolve Disputes

Michael Zeytoonian Dispute Resolution Resources, Perspectives, Primary Dispute Resolution (PDR)

President Trump and his team gave us a quick course on how not to resolve a dispute in their efforts to replace the Affordable Care Act (ACA, a.k.a. Obamacare).  Their effort and its shortcomings help to show the importance of four key ingredients to approaching dispute resolution to get a good result. Most Americans agree that the ACA has shortcomings …

Navajo Dispute Resolution, Trump’s Tweets and the Lessons of Little Big Horn

Michael Zeytoonian Dispute Resolution Resources, Perspectives

I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.  This approach has four foundational values, the four Rs: Respect, Relationships, Responsibility, and Reverence.  Some of the tenets of this approach to resolving disputes include the shared goal of reaching the best possible outcome …

For the times, they are a’changin’

Michael Zeytoonian Dispute Resolution Resources

“Come gather ‘round people wherever you roam And admit that the waters around you have grown And accept it that soon you’ll be drenched to the bone If your time to you is worth saving Then you better start swimmin’ or you’ll sink like a stone For the times, they are a-changin’. -Bob Dylan “Nor do men pour new wine …

First, assess your options for resolving disputes

Michael Zeytoonian Business, Dispute Resolution Resources, Employment Law

I’ve heard people who are in a business or employment dispute often complain, “I’m stuck in this dispute, and now we’ll have to litigate. I have no options.” If you take nothing else from this blog post, know this: They are usually wrong; there are options. Most people in disputes don’t know they have options and if they do still …

A word about “Good Counsel”

Michael Zeytoonian Business, Perspectives

The first thing I noticed when I walked onto the campus of my law school was a beautiful stone chapel and the sign in front of it with its name: Our Lady of Good Counsel. It turned out that the law school shared the grounds with Our Lady of Good Counsel School. The chapel greeted people as they came up …