Dispute Settlement Counsel

Posts Tagged ‘Dispute Resolution Resources’

Gloucester Fisherman Memorial

Every once in a while, my blog post is more a slice of life, driven by observations, travels or the events of a certain day.  It’s a break from the usual topic of dispute resolution, although I often find a nexus while writing it.

This post is about Gloucester, MA, America’s oldest seaport.  While beach towns, seaports, or fishing towns like Gloucester or Portland, ME, Portsmouth, NH or Montauk, NY are appealing, that is not why I write this.

I write this because I Love Gloucester, because my goal is to live there, and hopefully be able to practice our brand of dispute resolution there.  This place has been my getaway since I first came as a teenager and spent the day on Good Harbor Beach (GHB) with my friends.  I recognized early on that this place, along with neighboring Rockport and the rest of often overlooked Cape Ann, is a special place.  It is unique, alive, vibrant and like me, walks to a different drum of its own.  Among its several great beaches, two of them – GHB and Wingaersheek – are arguably are among the five most beautiful beaches anywhere in the U.S.

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Most people involved in a dispute think the first step to resolving it is filing a complaint in court and commencing litigation.  Then, you basically turn the case over to your lawyers and wait to hear good news from them about the results.  Those unschooled in litigation think that very shortly after that, the case will settle, because “all cases settle”, and they will get a nice chunk of money without much time, cost or trauma.

Others think that within a time about as quick as you can pick up your remote, turn on one of many weekly series’ involving trials, and watch the show, your case will be tried, your lawyer will stand up and make some charismatic closing argument like the ones on TV, and your “slam dunk” case will be won.

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Business owners, managers and entrepreneurs have confirmed some core beliefs of the Zeytoonian Center for Dispute Resolution. They are telling us that the most important element in resolving disputes is preserving important business relationships! They are also telling us that the notion of “winning at all costs” is among the least important considerations in dispute resolution. That is encouraging news and helps to confirm our beliefs about what is critical in dispute resolution and that non-adversarial processes are more responsive and better suited to meet the needs of those involved in disputes. Read the rest of this entry »

Part VI. The Sovereignty of the Client

First, for those of you following this series of blog entries closely enough to notice that we skipped a topic – Confidentiality – good work in attentiveness. That’s a great skill for an ADR practitioner or a user to have.

Another is the insight to recognize the need to “call an audible” (a football reference), or step out of the pre-arranged order of things because the situation calls for it. To be adept at creating the type of “thinking outside the box” solutions that can be done in ADR processes is also a key dispute resolution skill. This blog exemplifies these traits.   Read the rest of this entry »

Part III. Preserving Important Relationships February 7, 2009

How important is it to parties in a dispute to preserve relationships? There are many types of relationships that are central to a dispute: Between contractors and subcontractors, teachers and administrators, pastors and parishioners, doctors and patients, divorcing husbands and wives, family members of a family business, partners of a company, family members in a probate process, non-profit organizations and independent contractors they work with, builders and homeowners, to name some.

One of the factors that make a case a good candidate for using non-adversarial approaches to dispute resolution is the importance of preserving the business, organizational or family relationship and keeping it healthy. If the relationship must survive the dispute, if there will be ongoing dealings or contact between the disputing parties after the dispute is resolved, then ADR approaches like collaborative law, case evaluation and mediation have added value. Like it or not, adversarial positional processes like arbitration and litigation, at the very least, put a strain on relationships and often destroy them altogether. And when the parties go too deep into the litigation process before they turn to a mediator to assist in reaching a settlement, even if the mediation does result in a settlement, the relationships may have already been seriously damaged. The sooner the parties turn to an ADR process, the better the possibility of preserving these important and ongoing relationships.   Read the rest of this entry »

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 »