Lurie and Lack on “Guided Choice”

The October 2014 issue of Dispute Resolution International (the journal of the Dispute Resolution Section of the IBA) features an excellent article by Chicago mediator/arbitrator/attorney Paul Lurie and Swiss/Israeli mediator/attorney Jeremy Lack on “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement.”  As the title suggests, the logic of the piece stems from the fact that nearly all business disputes are resolved, and that savings are therefore best realized by reducing the time between commencement to resolution.

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CLE Program on Why Deal Lawyers Should Get Involved in ADR


On Wednesday October 22, 12:50 – 2:15 pm, New York Law School’s ADR Program is offering a reprise of a very successful panel from last April’s ABA Business Law Section meeting in Los Angeles: “Calling All Deal Lawyers: Why Transactional Attorneys Should Get Involved in Dispute Resolution.”

The program features James Freund, Mediator and former partner, Skadden, Arps, Slate, Meagher & Flom LLP; Richard Hall, partner, Cravath, Swaine & Moore LLP; Joan Stearns Johnsen, Mediator and Arbitrator; and Richard Lutringer, Mediator and former partner, Schiff Hardin LLP.  The program description notes:

Transactional attorneys are highly trained, highly skilled, and highly experienced in negotiating complicated and sophisticated agreements. Yet too often, when something involving those agreements goes amiss, deal lawyers are not called upon to help resolve the problem. Why is it that, when litigation is threatened or even commenced, the lawyers who know the deal, know the documents, and know the players are not involved in solving the problem? Is it time to give clients more value by getting deal lawyers involved in the resolution of disputes arising from their deals? A light lunch will be served prior to the program.

CLE credits are offered, lunch is served from 12:30 pm, the price is right at $35, and reservations can be made at

Italy and Mediation: Redux, Redux, Redux….

Mediation in Italy has for many years seemed like teenage sex — more people talk about it than actually do it, and those who do it, do it poorly.

And it has also been a target for humor, compassion, anti-lawyer spleen-venting, and constitutional mish-mash.  It seems that every few months there is another statute, constitutional challenge, administrative edict or judicial pronouncement.

Our good (and good-humored) friend Giuseppe De Palo has directed our attention to a new article on the topic, summarizing the status of things (at least for now — don’t blink).   It opens with a quotation from Machiavelli and closes with a comment citing Shakespeare.  So you know it’s erudite, at least.  And coming from Sr. De Palo, it can hardly be more authoritative.

Buona lettura!

Collaborative Law in Corporate Context

Christian Fabian of Mayer Brown made a valuable contribution to a discussion at the ABA Business Law Section last month on collaborative legal practices in merger, dissolution and other business contexts.  Click here for a posting on that excellent panel.

He has recently written an excellent article titled “Breaking Up is Hard to Do: Is Collaborative Law and Option?” Readers are encouraged to review it for some out-of-the-box, in-the-money ideas on handling post-closing M&A disputes .

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