Dispute Settlement Counsel

Posts Tagged ‘Saving money in tough times’

I got a call this week from a lawyer representing a client in a dispute involving environmental and breach of contract issues. He was following up on a recommendation to use me as a mediator in his case. His only question had to do with whether I had recent experience in environmental Superfund issues.

I advised him that my specialty area of study in law school was environmental law and received a certificate in environment law along with my J.D. from Pace Law School, known for its environmental studies program. Also, while I had litigated some major environmental cases earlier in my career, I hadn’t worked on any Superfund cases lately. The lawyer thanked me for my honesty and said he would consider that and get back to me.

The question about whether a mediator is experienced in a certain area of law triggered some thoughts. On the one hand, it’s a fair question and certainly having a mediator who has familiarity with the specific area of law involved is beneficial. But getting up to speed on the legal issues and the body of law involved in a dispute is not a major challenge for most mediators. Gathering and grasping the relevant information and the doing the legal analysis is important for a mediator. But the far more vital skill set and the true value that a good mediator brings to the table is his or her talent and ability as a neutral facilitator. That is, after all, why parties hire mediators and that should be the strongest factor and consideration.

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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 »

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 »