New Developments in Guided Choice Mediation.
April 1, 2017
We are pleased to report that interest in Guided Choice as a means to achieve the earliest settlement continues its momentum. We also have created strategies for dealing with the frequently asked questions concerning preventing and overcoming impasse. We also address the issue of how get mediators hired by people who object to mediation because “they are not ready” to mediate. This usually means they are not ready to negotiate a settlement.
Guided Choice Momentum
Since our 2016 Guided Choice website launch we have had over 3000 viewers and 1,000 visitors. While predominantly from the U.S. these people also represent many foreign countries.
In the past 12 months, Paul Lurie made presentations on Guided Choice to the American Bar Association, Section of Litigation Roundtable, the ABA Arbitration Institute, Cook County Mandatory Mediation and Arbitration Clinic, The American Society of Civil Engineers, Construction Summit, the American College of Construction Lawyers, ADR Committee, The Minnesota State Bar Association, Construction Committee, and the Cleveland Bar Association, ADR Committee. On April 7, 2017 Laura Kaster and I conducted a webinar for the ABA DR Section. Women in Dispute Resolution. We emphasized the marketing advantages of promoting early dispute resolution using Guided Choice. The April 2017 issue of the ABA’s Dispute Resolution Magazine has an article by Judith Meyer and Ty Holt comparing Guided Choice Mediation with other forms of Mixed Mode dispute resolution.
Tom Stipanowich, a world renowned scholar in dispute resolution and a Professor at Pepperdine University Law School was an early supporter of Guided Choice. His latest law review article is filled with references to Guided Choice as part of discussion of the various forms of mixed mode ADR. It can be found at this link or on our Guided Choice website Resources page. “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.
Importance of the 40 World Wide Global Pound Conferences to Guided Choice
Many of you are aware of the Global Pound Conferences (GPC) being held in 40 major world cities (www.globalpoundconference.org). Jeremy Lack, the Coordinator of the GPCs, is based in Geneva, Switzerland. Jeremy has been Paul Lurie’s co-author on major journal articles on Guided Choice which are included on the Resources page of our website. These conferences are not seminars. Rather than are gatherings of major users and people involved in mediation to determine what kind of dispute resolution processes users want. While the final conference is not until June 2017, in London, the data from the conferences so far indicates large support for processes like Guided Choice which are aimed at earlier and less expensive settlements.
Strategies for Addressing Frequently Asked Questions
Please read the links below which are linked to this newsletter. They addresses strategies for overcoming two issues raised by Frequently Asked Questions.
(1) Overcoming impasse using Guided Choice What If Scenario Planning; See FAQ 17 in the linked document; and
(2) Using the Guided Choice simple one page agreement linked as an attachment to Agreement to Retain Mediator for Limited Services. This agreement enables the early hiring of the mediator by people who may be willing to use a mediator to help with information exchange and for process recommendations but who are not ready to begin settlement negotiations.
Paul M. Lurie
Editor and Chair of the Guided Choice Mediation Interest Group
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