Survey of Early Dispute Resolution Movements and Possible Next Steps
By John Lande, SSRN, May 20, 2021
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This article surveys a set of early dispute resolution (EDR) movements in the courts and private dispute resolution that share common values but operate in different contexts. These movements promote the intentional exercise of responsibility for handling legal disputes from the outset of cases as opposed to passively allowing them to run their course, often out of inertia or habit. The movements include judges, court administrators, lawyers, and neutrals, and they deal with a wide range of civil cases such as family, garden-variety civil cases, and large complex cases.
This article identifies EDR goals and limitations, and describes collaborative practice, cooperative practice, lawyering with planned early negotiation, litigation interest and risk assessment, early mediation, planned early dispute resolution systems, and possible next steps for EDR movements. It includes numerous links to resources with more information.
