TAL Draft Review August/September 2023 Vol 22, No. 2 | Page 22

IN THE PROFESSION
PHOTO CREDIT : PEXELS

Early Dispute Resolution and Our Business Cases ______________________________________________________________

ANDREW B . FLAKE The Flake Law Firm LLC andrew . flake @ flakelaw . com

When I visited our local ice cream shop recently with my two children , looking for some respite from the heat , I scrolled down the long list of flavors : everything from the classics , like rum raisin and chocolate mint , to new swirls and combinations . Quite a few choices more than the 31 flavors I remember--and that is not to even counting the options in custard , as I recently discovered on another dessert outing !

Similar to ice cream flavors , we also have choices when it comes to mediation . If we choose to mediate , when and where we mediate , with whom we choose to mediate – we have options in every case . As with our ice cream , it sometimes pays to go beyond the familiar , to something that will surprise and even delight us .
In that spirit , one new “ flavor ” I will recommend to you – really a completely new modality – is early dispute resolution
( EDR ). In its simplest form , EDR means the very early use of Alternative Dispute Resolution ( ADR ). In its more structured form , and philosophically , EDR treats mediation not as a discrete event , but as a guided process , starting with the first communications between mediator and counsel , and moving through specific phases .
None of these process steps necessarily occur at , or even require , the traditional
22 August / September 2023