Early Dispute Resolution (EDR) represents a deliberate shift in how parties approach conflict — moving from positional litigation toward an earlier, more informed evaluation of risk and opportunity. This article examines the American Arbitration Association's EDR process and its practical impact on parties and on Florida mediators who are increasingly asked to guide these early conversations.
At its core, EDR is structured around the timely exchange of information, candid risk analysis, and informed negotiation. Rather than waiting for the full evidentiary record to develop, parties are encouraged to assess the strengths and weaknesses of their positions earlier, with the assistance of a neutral. The goal is not to pressure settlement, but to give parties a clearer, earlier understanding of the realistic range of outcomes.
Risk analysis and forecasting are central to the process. A skilled neutral helps the parties identify the key drivers of a dispute, test assumptions, and weigh the uncertainty of proceeding against the certainty of a negotiated resolution. Done well, this is not advocacy for settlement; it is a disciplined effort to make the unknown legible.
Mediator ethics remain paramount throughout. The neutral's role is to facilitate informed decision-making, not to direct it. Preserving party self-determination — the right of each party to make its own informed choices about resolution — is the line that distinguishes facilitation from coercion. EDR does not change that obligation; it sharpens it.
For Florida mediators, the rise of EDR underscores the importance of preparation, neutrality, and a practical understanding of the substantive law underlying each dispute. The process rewards neutrals who can quickly absorb complex employment and labor issues and help parties evaluate them clearly and fairly.
Mark J. Berkowitz, J.D., is an arbitrator and mediator based in Fort Lauderdale, Florida, serving parties in labor, employment, and workplace disputes in person and virtually.