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 …

Why don’t more people use collaborative law?

Michael Zeytoonian Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation

Collaborative Law (“CL”) in civil disputes other than divorce cases have been brainstorming about the expanded use of CL in employment, business, probate, construction and other areas of law. In the spirit of transparency that is an important element of CL

Ask your lawyer for “PDR” and help make the “Alternative” the “Primary”

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

We use different approaches like mediation, collaborative law, conciliation, case evaluation and our own Integrated Dispute Resolution (“IDR”) to help people solve their problem and we tailor that approach to the specific situation and circumstances of the people in that particular dispute.

Baseball arbitration belongs here – let the games begin, and the disputes end!

Michael Zeytoonian Case Evaluation, Collaborative Law, Collaborative Processes, Financial Considerations of Dispute Resolution, Mediation

We believe the parties in the dispute should ultimately decide how it gets resolved. They should select the right process, with our guidance and recommendations, and should make the final decisions about what the resolution will look like. Dispute resolution needs to be efficient in time and cost, needs to preserve important relationships and not drain the resources and emotions of the parties. The process should and can be agile and creative enough to come up with solutions that really fit the needs and meet the interests of the parties.

The case for case evaluation

Michael Zeytoonian Business, Case Evaluation, Financial Considerations of Dispute Resolution, Mediation

I’m often asked how case evaluation is used to resolve a dispute. One important prerequisite is that the parties to the dispute – and their lawyers — have to want to resolve the matter quickly and approach it like a problem to solve, not a fight over who is right.