 |
Services > Collab Problem Solving & DSD > Civil Mediation Cases
When civil litigation is pending, likely, or simply an option, CDR's professional staff is experienced at working with parties to assess the prospects for, design, and conduct alternative or appropriate dispute resolution processes. These processes typically take the form of mediations or, in complex cases, facilitated negotiations. They may entirely supplant litigation, or address specific issues amenable to negotiated solutions.
CDR's staff can provide both dispute resolution process expertise and familiarity with the civil judicial process. Our staff includes former lawyers who bring specific litigation experience to bear in evaluating cases for mediation and working with parties to design practical, effective processes. Our staff no longer practice law, but their experience is invaluable to parties seeking in an alternative to a litigated resolution.
Keep reading for detailed descriptions of services and recent cases , and a sample list of and clients, or simply click on one of these links.
What services does CDR provide?
CDR's professional staff have the experience and skills to provide all critical services associated with high-quality alternative resolution of disputes either in litigation or headed toward that process. These services are:
- Case assessment
- Process design
- Mediation
- Facilitated negotiations
- Consultation
- Training
What are some specific examples of CDR's services?
Case assessment involves an evaluation of whether a particular dispute is appropriate for a mediated or facilitated effort to reach resolution.
Process design means customizing a dispute resolution approach to the needs of the parties based on years of experience. At the simplest level, it may mean "carving out" a set of issues for legal rulings, and pursuing mediation of other issues. Other key elements include representation in negotiating sessions, the potential utility of expert advice, and timing.
Mediation means serving as a mutually acceptable, unbiased third-party who assists parties in conflict to achieve a range of desired outcomes, including, but not limited to, litigation settlements. CDR's staff focus on providing parties with process expertise (as opposed to case evaluation). This approach allocates a significant amount of responsibility to the parties for identifying desired outcomes and developing options for achieving those outcomes, with the mediator being used as a sounding board and "reality tester."
Facilitated negotiations typically involve a large number of parties and create logistical and communication challenges not typically found in two-party mediations. This term is sometimes preferred by parties who prefer not to view themselves as needing the services of a mediator, even though they are involved in litigation or considering that option.
Consultation for individual clients may cover a range of topics, including advice about negotiation and settlement strategies. Many lawyers have recognized the tensions inherent in the same person advocating on behalf of a client in litigation and pursuing settlement options. One solution has been to separate the roles. This approach reflects a growing appreciation of the well documented psychological biases experienced by interested negotiators.
Training in effective negotiation and representation of clients in the ADR context
Business
- Contract interpretation and performance
Real estate transactions
- Natural Resources
Water rights and water allocations
- Flood damage prevention
- Forest plans
- Endangered species
Traffic, Growth, and Land Use
- Challenges to general land use plans
Employment
- EEO
- Sexual harassment
- Disciplinary action including discharge
Native American
RECENT CLIENTS
U.S. Department of Justice
U.S. Department of Interior
U.S. Bureau of Reclamation
U.S. Park Service
U.S. Forest Service
El Dorado County, CA
State of Nebraska
State of Kansas
BACK TO TOP | HOME | ABOUT CDR | CONTACT US | NEWSLETTER SUBSCRIPTION
|
