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The Future of ADR: Early Dispute Resolution - Making Resolution Of Disputes Within The First 60 Days A Reality

Level: Intermediate
Runtime: 62 minutes
Recorded Date: March 18, 2020
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• Introduction to EDR (Early Dispute Resolution)
• Why Litigators Resist EDR
        - Need for Discovery
        - Client Inertia
        - Greedy Litigators
        - Doormat Syndrome
        - CYA
        - The Secret to EDR
• Key Concepts
        - Pr. 4: Lawyer-Client Relations
        - Pr. 5: Lawyer-Lawyer Relations
        - Pr. 2.2: Rapid, Simple Resolution
        - The EDR Agreement
• The Four Steps
        - Step 1: Initial Dispute Analysis
        - Step 2: Information Exchange
        - Step 3: Objective Dispute Valuation 
        - Step 4: Final Resolution or Binding Procedure Absent Resolution

Runtime: 1 hour, 2 minutes
Recorded: March 18, 2020


Most cases never get to trial or arbitration. Instead they will settle or be dismissed on motions. Of the approximately 75% of cases that will settle, in most there is little benefit to incurring significant fees and investing time in lengthy discovery prior to resolving the dispute. Early Dispute Resolution is a documented 4 step process that when followed can result in resolution of a dispute within 60 days of the dispute's arising or the parties determining that they cannot resolve it themselves. The presenters co-chair the ABA Dispute Resolution Section's Committee on Early dispute Resolution and are the drafters of the published EDR protocols.

This program was recorded on March 18th, 2020.

Provided By

American Bar Association
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Peter Silverman

Shumaker, Loop & Kendrick, LLP

As a neutral, Peter has been an active arbitrator since 1986 and a mediator since 1990. He is a member of the American Arbitration Association Large, Complex Case Arbitration Panel, the Conflict Prevention & Resolution Panel of Distinguished Neutrals, and the Ohio Chapter of the National Academy of Distinguished Neutrals. He is also the sole United States arbitrator on the Chair/Sole Arbitrator Panel of the European Union-based International Distribution Institute, which offers expedited arbitration for international distribution and franchising disputes. Peter currently chairs the Early Dispute Resolution Committee of the American Bar Association Section of Dispute Resolution, the Early Dispute Resolution Task Force for the International Franchise Association, and the Dispute Resolution Committee of the Ohio Bar Association Corporations Committee. He teaches seminars nationwide and writes widely on alternative dispute resolution.

Clients look to Peter for his business experience. From 2013-2016, Peter was an active partner in the Oasis restaurant chain, which was elected to the Northwest Ohio Entrepreneurial & Business Excellence Hall of Fame in 2014. Between 2004 and 2010, Peter owned and was President of Hi-Genomics, a biotechnology company that genetically transformed plants. Committed to helping entrepreneurial businesses, he received the 1989 Ernst and Young/Inc. Magazine Entrepreneur of the Year Award for his work in helping business owners start and grow their businesses. In addition, Peter is an individual member of the University of Toledo and Bowling Green State University Entrepreneurial & Business Excellence Hall Of Fame.

Peter currently serves as co-chair of the Toledo Community-Police Relations and Reform Committee, and on the board of the Toledo Chabad House, and he teaches Sunday School. As a public official, he formerly served on the Toledo City Council, the Toledo School Board, and the Ohio Casino Commission.

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Anne Jordan

Jordan Associates, LLC

Ms. Jordan has more than 25 years experience advising corporations, from start-ups to Fortune 500 companies, both as a senior executive with responsibility for the corporations' legal affairs and as outside counsel. Prior to founding Jordan Associates, Ms. Jordan served as Senior Vice President, General Counsel and Secretary of PeopleSoft, Inc., the world's second largest provider of enterprise application software with annual revenues of approximately $ 2.8 billion (acquired by Oracle Corporation in 2004 after an 18 month hostile takeover attempt). In that role, she advised the Board, Board Committees and management on all legal matters affecting the corporation, including Sarbanes-Oxley compliance and corporate governance matters. She provided strategic advice relating to potential mergers and acquisitions, litigation and risk management, global reseller and distribution programs, and intellectual property strategy, protection and enforcement. The corporation's legal department included 95 professionals in offices in the U.S. and internationally.

Prior to joining PeopleSoft, Ms. Jordan was Vice President and General Counsel for Sega of America, Inc. Before that she was a partner in the Palo Alto firm, Carr, & Ferrell, concentrating on litigation, licensing and intellectual property matters for clients that included Apple Computer, Sun Microsystems and A.T. Kearney Consulting.

She has also held positions as Vice President and General Counsel for Worlds of Wonder, Inc., a manufacturer of electronic toys and games, and Assistant General Counsel for Dole Foods, Inc., a $2 billion food processor and real estate developer, and as Corporate Counsel with Beatrice Companies, Inc. and Gould Inc., both Fortune 500 companies.

Ms. Jordan is a frequent lecturer on corporate, intellectual property, e-discovery and ethics topics. She served as an Advisor to the American Law Institute's Restatement of Law Third, Unfair Competition. She served two terms on the Board of Directors of the International Trademark Association (INTA), chaired its Brief Amicus Committee for several years and served on its Trademark Review Commission which drafted the Trademark Law Revision Act of 1988, the first major revision to U.S. trademark law since 1946. She has served on the Executive Committee of the California State Bar Intellectual Property Section and was a member of the ABA Task Force on Security Interests in Intellectual Property. Ms. Jordan has been published in the National Law Journal and is a contributor to "Winning Legal Strategies for Software Companies: Leading Lawyers on Protecting IP, Negotiating Contracts, and Creating Legal Game Plans."

Ms. Jordan received her B.A. from Northwestern University and her J.D. from DePaul University College of Law.

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