WSBA Alternative Dispute Resolution

Promoting Informed Use and Best Practices for ADR in Washington

Serena Lee & John Lande: Planned Early Dispute Resolution

May 4-5, 2012
19th Annual Northwest Dispute Resolution Conference

4.7 Planned Early Dispute Resolution: How People Can Negotiate & Mediate Sooner & Better*

Serena Lee, Arbitrator and Mediator, Seattle, WA
John Lande, Professor, University of Missouri School of Law, Columbia, MO

Panelists: Lawrence Mills, Mills Meyers Swartling, Seattle, WA; James Smith, Smith & Hennessey PLLC, Seattle, WA

Moderator: Lee Jay Berman, Mediator, PMA Dispute Resolution, Los Angeles, CA

Saturday, May 5, 2012 10:15 a.m. – 11:45 a.m.

This session describes how people can use Planned Early Dispute Resolution (PEDR) to escape from a "prison of fear" that may be preventing them from negotiating as early and as effectively as possible. Based on John Lande's new book, Lawyering with Planned Early Negotiation, this interactive session will describe how both attorneys and neutrals can include PEDR in their practices. The presenters and panelists will discuss options for early dispute resolution.

Serena K. Lee is an attorney and frequent speaker at local and national legal and industry conferences on ADR-related topics. She was the former Vice President of the American Arbitration Association (AAA) regional office in Seattle, WA. She was responsible for business development/client outreach, education & training, and the recruitment/management of the regional AAA roster of mediators and arbitrators. Along with NYU Professor Richard Lambeck, Serena served as co-editors for the American Society of Civil Engineers (ASCE) special ADR edition of the Journal of Legal Affairs Dispute Resolution in Engineering & Construction (May
2011).

John Lande is the Isidor Loeb Professor and former Director, LL.M. Program in Dispute Resolution, University of Missouri School of Law in Columbia, Missouri. Professor Lande’s work focuses on various aspects of dispute systems design, including publications analyzing how lawyering and mediation practices transform each other, business lawyers’ and executives’ opinions about litigation and ADR, designing court-connected mediation programs, improving the quality of mediation practice, the “vanishing trial,” and planned early dispute resolution. The International Institute for Conflict Prevention and Resolution gave him its award for best professional article for Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007). He has been active with the ABA Section of Dispute Resolution. He served on the Council from 2004-2010 and was a member of the Task Force on Improving Mediation Quality. He is co-chair of the Section’s Planned Early Dispute Resolution Task Force and the Legal Education, ADR, and Problem-Solving Task Force. He has given numerous presentations for the ABA, AALS, and many other organizations.

Lawrence R. Mills is an experienced arbitrator and mediator whose law practice at the Seattle law firm Mills Meyers Swartling emphasizes business and personal planning and counseling. Mr. Mills has over 25 years experience as a neutral in a variety of contexts, including commercial, construction, employment, and insurance coverage matters. He is a former Chair of the American Bar Association Section of Dispute Resolution and the Washington State Bar Association Alternative Dispute Resolution Section. Mr. Mills is a Fellow of the College of Commercial Arbitrators and a Distinguished Fellow of the International Academy of Mediators. He serves on the Large Complex Case and International arbitration panels of the American Arbitration Association. Mr. Mills is an honors graduate of Princeton University and the University of Michigan Law School. For information regarding Mr. Mills’ dispute resolution practice, visit www.millsadr.com.

James A. Smith, Jr., is a trial lawyer. He also spends a substantial portion of his practice as a neutral, mediating and arbitrating cases. His practice emphasizes complex litigation, including business, commercial, environmental, natural resource, securities, employment, contract, intellectual property and tort claims. He has been actively involved in matters involving professional sports. He has been a frequent instructor, author, and speaker in bar association seminars and presentations, principally in the areas of civil litigation and alternative dispute resolution. Mr. Smith has been consistently chosen by his peers as a “Superlawyer” in the areas of Litigation and Alternative Dispute Resolution in the 1999-2011 Washington Law and Politics surveys. He also has been rated as one of the top 100 lawyers in the State of Washington in 2004-2011. Mr. Smith can be contacted by email at: jas@smithhennessey.com.

*ADR Advocacy Track

All 2012 workshops. On-line registrationConference brochure.

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