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 …

blame game

Replacing the “Blame Game” with something better

Michael Zeytoonian Collaborative Processes

In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong. Donald Trump casts himself as a political outsider. Yet he has already embraced the politician strategy …

Legal Informed Consent includes knowing your legal process options

Michael Zeytoonian Collaborative Processes

“An educated consumer is our best customer.” That was the memorable tagline for Syms, a successful men’s clothing retail store in the New York area years ago. It struck a chord for many reasons. A business that wants its customers to be educated on its products or services reflects honesty, transparency and a shared desire for quality and value. It …

What is a “tiered dispute resolution clause” and what options does it offer?

Michael Zeytoonian Business, Collaborative Processes, Dispute Resolution Resources, Workplace Disputes

Part II in a series about tiered dispute resolution clauses Our most recent blog post discussed “tiered dispute resolution clauses” in contracts. This is the first step in providing clients with alternatives to court and litigation. It gives parties value in three ways: (1) It gives them the opportunity to work together on how they will resolve a dispute; (2) …

Legal disputes are parts of something greater

Michael Zeytoonian Collaborative Processes, Dispute Resolution Resources, Mediation, Preventive Law

What if we began to see disputes as a small part of something bigger? If we viewed them as a point along a spectrum with a greater continuum? If we placed the dispute within the context of one or more larger relationships? When we do this, we free ourselves to treat the dispute differently. This adjustment of our focus goes …

Replacing the “Blame Game” with a “New Game Plan”

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

Two recent Boston Globe stories (2 21 13) stood out for their common theme – that of laying blame and finding fault. One article entitled “Not Without Blame” apportioned blame for what happened to the 2012 Red Sox. The other story was about the latest fiscal battle between House Republicans and President Obama. The article discussed the need to lay …