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Avoiding The Litigation Spiral

Avoiding The Litigation Spiral

Fisher and Ury’s ‘Getting To Yes‘ in 1981 was influential because it changed our prevailing attitudes from time-honored positional bargaining towards a more 21st Century interest-based negotiation. Thirty years later, Professor John Lande at the University of Missouri School of Law presented another important philosophical approach to dispute resolution in his book ‘Lawyering with Planned Early Negotiation’ (2011), which is directed at external counsellors.

He directly challenges the default approach to dispute resolution, which he calls litigation as usual” or LAU. Professor Lande points to the paradox of the “vanishing trial“, that despite LAU, only about 10% of cases in state courts and about 2% of cases in the federal courts actually get to a full-blown trial. Almost all are settled. The problem is that the 90% or 98% that settle are mainly resolved very late in the litigation life cycle, after most of the time and cost consumed in litigating have been spent.

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Posted by GPC Series in GPC, News
Ask An Expert: Paul Key QC

Ask An Expert: Paul Key QC

New Zealand born Paul Key QC, an international arbitration specialist at Essex Court Chambers in London, discusses innovation, challenges and new trends in dispute resolution.

 What is your role in dispute resolution?

I am a barrister based in London. I work as an advocate and as an arbitrator in international commercial arbitrations and investment treaty arbitrations. I also do court work, largely (though not exclusively) related to arbitral disputes.

The disputes in which I am involved usually have some high-value and cross-border commercial aspect to them. My clients are typically large commercial entities, states and very high net-worth individuals. Like most people who do this work, my work as an advocate involves work for both claimants and respondents. The arbitrations in which I am involved take place in various places around the world (e.g. New York, Geneva, Singapore, Vienna and Sydney) and my work involves frequent travel. Read more

Posted by Natasha Mellersh in Ask An Expert, GPC
The Mediation Process: When And Why It Is Used

The Mediation Process: When And Why It Is Used

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case.

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Posted by GPC Series in GPC, Introductory Guide
The Mexico City Global Pound Conference

The Mexico City Global Pound Conference

The Global Pound Conference (GPC) Series 2016-17 is taking place in different locations all around the world over the next year, with the aim of facilitating the development of 21st century dispute resolution tools and finding answers to different questions in alternative dispute resolution (ADR).

The GPC Series, which officially launched in Singapore on 17-18 March, 2016, is set to hold the last scheduled event in London in July 2017. Over 25 countries worldwide have already committed to holding a GPC event with a total of 42 events and that number may still go up. Read more

Posted by GPC Series in GPC, News