Resources

CPR’s ADR Suitability Guide (Featuring Mediation Analysis Screen)

According to a survey conducted by Cornell University’s Foundation for the Early Prevention of Conflict (PERC) and PriceWaterhouseCooper LLC, over 90% of the corporate attorneys surveyed have experience with mediation, and overwhelmingly preferred mediation to other dispute resolution mechanisms.  The second place finish went to arbitration.  This guide contains some questionnaires and commentary to assist outside counsel and in house counsel with determining when a dispute is  suitable for mediation or other alternative dispute resolution mechanisms.  For a copy of this Guide, click here.

CPR Protocol on Determination of Damages in Arbitration
The Protocol on Determination of Damages in Arbitration has as its purpose providing guidance to arbitrators, counsel and their clients concerning the efficient and fair development and presentation of damages evidence in arbitration proceedings. Too often damages are not dealt with early enough in arbitral proceedings, with the presentation of damages evidence left until near the end of the case. To read the full Protocol, click here.

Due Diligence Evaluation Tool For Selecting Arbitrators And Mediators

When considering Neutral candidates for an upcoming mediation or arbitration, it is beneficial to obtain relevant information about their skills and experience to determine their suitability for your particular matter. Harrie Samaras has created a due diligence checklist to help evaluate prospective neutrals to determine their suitability.  The checklist was published by CPR in 2010.  For a copy of this checklist, click here.

CPR Early Case Assessment Guidelines

In today’s highly litigious business climate it is very expensive to litigate disputes. There are times when litigation is appropriate, but there are other alternatives that ought to be considered. CPR has developed a helpful set of early case assessment guidelines for evaluating disputes so that an appropriate handling strategy can be formulated, whether that be settlement, full bore litigation, or something in between (ADR), with an eye toward reducing or eliminating disputes as soon and as inexpensively as practicable.  For a copy of these Guidelines, click here.

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