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.
Early dispute resolution can be best obtained by using a multi-phase mediation process called “Guided Choice.” It relies on substantial confidential pre-negotiation investigation and process design activity by a mediator trained in this approach. It differs from the single day mediation lawyers think of.
