Effective Early Dispute Resolution depends on structure. Without a clear protocol, early discussions can drift into positional posturing rather than informed evaluation.
A workable protocol typically includes a defined exchange of information, a candid assessment of risk by each party, and a facilitated discussion guided by a neutral. The aim is to give parties what they need to make informed decisions without surrendering control over the outcome.
When the protocol is followed in good faith, parties frequently find that resolution becomes possible earlier — and at lower cost — than the traditional litigation path would allow.
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.