John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal of the integrated approach is “to satisfy the parties’ interests at the earliest appropriate time.”
Collaboratively among counsel and client, an Early Case Assessment is made, and a determination is made when to negotiation, use mediators and experts as needed. Lande talked about “escaping lawyers’ prison of fear” of departing from conventional case management approaches. In particular, he refers to the fear of initiating the suggestion of negotiation, of losing clients’ confidence, and of losing income from working the case. These can be managed by routinely and predictably using PEDR, explaining the proposed strategy to the client, and negotiating a fee enhancement for early resolution.
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