Add Your PerspectiveJune 26, 2009
As I have said before, if you really want to cut your litigation costs, step one is to have less litigation. Step two, however, is just as important: actively manage what’s left. This post will explore a great way to do both — UDR.
We’re at a point where lawyers who are effective at getting cases settled are often thought to be afraid of trial, yet real trial lawyers often forget that their clients have more important business than litigation. Which approach will you choose as your next case begins? With Unconventional Dispute Resolution you can integrate both, so you don’t have to choose either — until the choice is actually yours.
What is UDR?
So what is UDR? There’s no single element of Unconventional Dispute Resolution that’s truly new, but UDR combines 7 component parts in a way I haven’t seen before. These elements — each of which is critical to the success of the whole — include:
- Early Case Assessment
- Aligned Fee Agreements More…
1 PerspectiveDecember 28, 2008
“If you and the other side value the case differently, at least one of you is wrong.” Settlement Perspectives’ Early Case Assessment series started with this premise, and there’s more on this topic to come.
This is a quick index to Early Case Assessment posts on Settlement Perspectives so you can find them all in one place — and we’ll be sure to keep this list updated as new ECA content arrives.
Early Case Assessment Posts: An Index
ECA posts on Settlement Perspectives include the following:
- Easier Said Than Done: Early Case Assessments Part I: The Definition of Early Case Assessment — and a brief discussion of what it’s not.
- The Early Case Assessment Checklist: Early Case Assessments Part II: The 15 items on the Early Case Assessment Checklist, grouped by category to keep them organized.
- Putting the Checklist into Action: Early Case Assessments Part III: Four important ideas, admittedly based on mistakes I have made, that will make your ECA efforts more effective.
- Better Settlements from Better Information: Early Case Assessments IV: Why, if you plan to settle your case, a thorough ECA will be worth the investment it will require.
- Better Docket Management Through Early Case Assessments: ECAs Part V: More than a few reasons why ECA is a good idea even if you don’t plan to settle.
- The Partner Focus Group: An Easy Way to Get the Extra Perspective You Need: Because sometimes you need another perspective.
- CPR Publishes New Early Case Assessment Guidelines: Additional resources to assist you with your ECA.
- Early Case Assessments: More on the ECA Toolkit from PD Villareal: Excerpts from an interview with one of the pioneers in Early Case Assessment.
Happy Holidays to you and yours.
3 PerspectivesNovember 11, 2008
Early Case Assessments drive better settlements — we discussed why in Part IV, but we haven’t talked about whether an Early Case Assessment is a good idea if you don’t plan to settle. If yours is the lawsuit sure to go to trial, does an ECA still make sense? I think you know the answer.
It takes time, effort and money to make your way through the Early Case Assessment Checklist, but Early Case Assessments mean better case management — and more responsible docket management — even if your case goes the distance. This post will highlight how you’ll save money, and ultimately get better results overall, with Early Case Assessments whether you settle or not. More…