Why Use EDR?

Early Dispute Resolution (EDR) helps parties resolve a dispute early in a lawsuit’s life cycle. But unlike a traditional early mediation, the EDR Mediation process gives the parties “Sufficient Information” about the dispute to bargain in light of actual risk.

In traditional early mediation, the parties negotiate virtually blind. Blind to the opponent’s arguments until mediation day. Blind to the evidence in the opposing party’s hands. Blind to damages. That blindness can frustrate resolution.

Slow thinking dominates the EDR Mediation process, while fast thinking can creep into a single-day traditional mediation. Slow thinking engages the most thoughtful parts of a decision-maker’s cognitive ability. Fast thinking, on the other hand, moves toward fight-or-flight and knee-jerk cognitive processes.

The Corporate Counsel Review, sponsored by the State Bar of Texas Corporate Counsel Section, has published Alan’s article on EDR titled, “Stop Burning Money for a Trial that Won’t Happen: Early Mediation Reinvented.” American Bar Association Resolution 500 encourages trial and corporate counsel to more often use Early Dispute Resolution. Alan’s co-author for the Corporate Counsel Review, Felicia Harris Hoss, wrote ABA Resolution 500.

How Does EDR Work?

An EDR Mediation proceeds over roughly 30-60 days in four phases:

  1. Initial Dispute Assessment

  2. Information Exchange

  3. Risk Analysis

  4. Negotiation

The mediator guides the parties through each phase.

Let’s Shape EDR Together.

For another Corporate Counsel Review article, Alan and Felicia are tracking data from trial counsel and corporate counsel who have participated in EDR Mediation. They would appreciate your cooperation.

You can take the survey here: Early Dispute Resolution Survey.