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Now More Than Ever – The Growing Need For Dispute Resolution

adminDRC Dispute Resolution Resources

Last week (October 16-20), lawyers and dispute resolution professionals around the country celebrated Conflict Resolution Week. In Massachusetts, the Massachusetts Bar Association, through its Dispute Resolution Section, presented five different events, one each day, each in a different part of the state and each with a different focus. Over 400 people attended these state-wide events, including judges, lawyers, mediators, arbitrators, …

Massachusetts Bar Association’s Conflict Resolution Week & Day Celebration October 16-20

Michael Zeytoonian Collaborative Law, Dispute Resolution Resources, Mediation

An annual national tradition in the legal community is the celebration of “Conflict Resolution Week” (CRW) and “Conflict Resolution Day” (CRD) on the third week and the third Thursday of October respectively.  This tradition reportedly started here in New England by the New England Association for Conflict Resolution (NE-ACR).  It is a week and a day to shine a spotlight …

What is your goal? Winning or fixing?

Michael Zeytoonian Dispute Resolution Resources

What do you want? It’s a pretty simple question, really.  It reminds me of what Noah (Ryan Gosling) repeatedly asked Allie (Rachel McAdams), his love interest in The Notebook.  She kept hemming and hawing as to how difficult her situation was, having to choose between two good men, and that there was no easy answer.  But he stayed laser focused …

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 …