The following articles discuss the concepts of Guided Choice –with approval
American Arbitration Association., Concurrent Mediation and Arbitration Encourages Settlement. Feb 2021.
Claxton, James. Mediators Like Online Mediation And Other Verifiable Facts. Kluwer Mediation Blog. May., 2021.
Claxton, James. The Latent Blossoming Of Remote Mediation. Kluwer Mediation Blog. Dec., 2020.
Golann, Dwight. ‘I Sometimes Catch Myself Looking Angry or Tired …’: The Impact of Mediating by Zoom. Alternatives to the high cost of Litigation. Vol. 39, No. 5. May 2021.
The GPC Austin Report: Local findings from North America GPC Series 2016-2017. Dec, 2019. International Mediation Institute.
Healthcareneutral.com. Guided Choice Mediation – A Better Way To Settle Disputes. Sept 10th 2019. Accessed Sept 16th 2019.
Ireland, Faith. “Logic, Emotions and Values: 40 Years of Negotiation Style and Decision Theory“. JAMS Adr Insights. Sept 1st, 2022. Accessed Oct 23rd 2022.
Kaster, Laura A/ & Leech, Michael Leech, . Creating Client Value by Getting the Earliest Possible Settlements. Corporate Disputes Magazine, July-September 20-15
The interest in Guided Choice among business users continues to increase. This article, which explains the popularity, was just published by Corporate Dispute Magazine is Written by Laura Kaster, formerly a Jenner & Block partner and in-house counsel for AT&T and by Michael Leech, formerly a partner at Hinshaw & Culbertson and immediate past president of the Association of Attorney Mediators. The article starts on pg. 44.
To read more click here
Kaster, Laura A. r & Leech, Michael J. “Value by Getting the Earliest Possible Settlements” Blog, International Association of Mediators, October 15, 2015.
Keet, Micheal and et al. Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions. ABA Book Publishing, 2020.
Kingsley, Patrick. “Clients Want Lawyers Who Know How to Settle Disputes Early: Thoughts on Guided Choice Mediation.” Stradley Ronon. Oct. 28th, 2019.
Most commercial disputes will be settled and not tried. Expert expense and internal distraction increase in direct proportion to the time spent litigating prior to settlement. Clients are asking “Why can’t the dispute be resolved earlier to reduce the process expense and business disruption?” But one party’s counsel has a limited ability to make it happen sooner…To read more click here
Lande, John. “Paul M. Lurie on Guided Mediation“. Indisputably. April 14th, 2021.
Lande, John. “The Evolution To Planned Early Multi-Stage Mediation“. Kluwer Mediation Blog. Aug 28th, 2020.
Lehman, Tony, “Guided Choice A New Approach to Mediation”. The Dispute Resolver. Sept. 30th, 2014.
Love, Lela P. and Stipanowich, Thomas, Dear 1L: Five Guideposts for Your Future Professional Practice (2021). 22 Cardozo J. Conflict Resol. 529 (2021), Pepperdine University Legal Studies Research Paper No. 2021/12, Cardozo Legal Studies Research Paper No. 654, Available at SSRN: https://ssrn.com/abstract=3889873
Lurie, Paul, “Guided Choice: Early Mediated Settlements and/or Customized Arbitrations,” Journal of the American College of Construction Lawyers, Vol. 7, No 2, Summer 2013. Paul Lurie on Guided Choice in JACCL & CLJ
Lurie, Paul , ” Guided Choice Arbitration Dispute Resolution: Real Time Customization of the Settlement Process to Fit the Dispute,” Mediation and Arbitration in Real Estate and Construction Disputes. Strafford Seminars, April 6, 2011.
Lurie, Paul and Press, Press, Sharon “On Professional Practice: The Lawyer’s Obligation to Advise Clients of Dispute Settlement Options” . American Bar Association, Vol. 20, No. 4, Summer 2014.
Lurie,Paul, M.,Baker, Jeremy, Bowman, Diana, Rieck, Alexandra,.“Guided Choice Procedures for Mediation”. Lorman Education Services, Sept 2015.
Lurie, Paul and Becker, Mark. “How You Can Use Guided Choice to Satisfy Clients Using Both Arbitration and Mediators“. Originally published by the American Bar Association, Dispute Resolution Section, Just Resolutions Blog, May 2018.
Lurie, Paul “Guided Choice Arbitration”. DePaul Business and Commercial Law Journal.,Vol. 11, Issue 4, Article 3, Summer 2013 Symposium-Commercial Arbitration: Advancing and Refining the ADR Process.
Lurie, Paul, “The Guided Choice Dispute Resolution System”. Construction ADR Book. Jan. 2nd, 2014.
Lurie, Paul , Using the Guided Choice Process to Reduce the Cost of Resolving Construction Disputes”, Construction Law International. Volume 9, Issue 1, March 2014.
Lurie, Paul and Lack, Jeremy , “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement” Dispute Resolution International. Vo.l 8, No. 2. October 2014.
Lurie, Paul and Lack, Jeremy, “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement” Transnational Dispute Management. Vol. 11, No. 6., December 2014
Lurie, Paul and Lack, Jeremy, “The Seven Principles of Guided Choice Dispute Resolution Processes”. Who’s Who Legal, Aug 2014.
Lurie, Paul, and Mark Becker, Dean Thomson, William Geisen. “How Guiding Mediators Can Help You Get Earlier Settlements and Reduce Legal Expense“. May 2019.
Lurie, Paul, “The Importance of Process Design to a Successful Mediation,” Chapter 18, AAA Handbook on Construction Arbitration and ADR – 2nd Edition, (Juris Publications, 2010) This work cites the research showing that process design is the most important factor in successful outcomes.
Marsh, Bill. “Warmth and Competence” Kluwer Mediation Blog. April 4th, 2021.
Overcash, Allen “Introducing A Novel ADR Technique for Handling Construction Disputes: Arbitration”. The Construction Lawyer, Vol. 35, No. 1, Winter 2015 by The American Bar Association.
Rachlinski, Jeffery and Andrew Wistrich, “How Lawyers’ Intuitions Prolong Litigation,” Cornell Law Faculty Publications, March 2013. Paper 602.
“There are, however, ways mediators can empower parties to come to grips with these realities. As process facilitators, mediators may help parties appreciate the influence of cognitive factors on negotiations using approaches such as Guided Choice. 186 They may also facilitate parties’ focus on key factual issues and focused information exchange, 187 or targeted binding or nonbinding decisions by judges or arbitrators that could lay the groundwork for resolution of conflict.188 Even where substantive issues cannot be resolved in mediation, mediators may nevertheless focus on facilitating agreements regarding dispute resolution process elements and helping parties to set the stage for arbitration proceedings with features that are effectively tailored to the issues at hand.189” (references are to footnotes in the article)
Rigby, Ben. “What Clients Want” Commercial Dispute Resolution News. May 16th, 2018.
Stark, Sheldon. “Crafting an Effective Mediation Summary: Tips for Written Mediation Advocacy“. Feb 11th, 2014.
Stipanowich, Thomas J.”The International Evolution of Mediation: A Call for Dialogue and Deliberation, 46 Victoria U. Wellington L. Rev. 1191 (2015) (New Zealand Law Foundation International Dispute Resolution Lecture)
Stipanowich, Thomas J. and Veronique Fraser. “The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases,” Fordham International Law Journal, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2017/4.
Weiler, Rick. Again with Decision Trees. Feb 6th, 2020. Kluwer Mediation Blog.
Woods, Charile. Revisiting Game Theory and Mediation. Oct 8th, 2021. Kluwer Mediation Blog.
Lurie and Lack on Guided Choice, The Business Conflict Blog
By: F. Peter Phillips,
The October 2014 issue of Dispute Resolution International (the journal of the Dispute Resolution Section of the IBA) features an excellent article by Chicago mediator/arbitrator/attorney Paul Lurie and Swiss/Israeli mediator/attorney Jeremy Lack on “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement.” As the title suggests, the logic of the piece stems from the fact that nearly all business disputes are resolved, and that savings are therefore best realized by reducing the time between commencement to resolution. To read more. click here
AGC Consensus Docs
Paul Lurie , “An Efficient Mediation process” (Brussels Belgium, 2014)
Global Pound Conference Series