Bibliography of Guided Choice

The following articles discuss the concepts of Guided Choice –with approval

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, Internation Association of Mediators, October 15, 2015

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

Lehman, Tony, “Guided Choice A New Approach to Mediation”. The Dispute Resolver. Sept. 30th, 2014.

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  “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, “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.

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

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)

http://ssrn.com/abstract=2712457

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.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2920785

Media Releases

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

ConsensusDocs Coalition, Dec. 11th, 2013.

Paul Lurie , “An Efficient Mediation process” (Brussels Belgium, 2014)

Stibbe, Sept. 30th, 2014.

Global Pound Conference Series 

Global Pound Conference Series 2014, Shaping the Future of Dispute Resolution and Improving Access to Justice