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Early Mediation: Resolving Business Disputes Through the EDR Mediation Process
Description
Episode Summary:
In this inaugural episode of The Art and Business of Resolution, Felicia Harris-Hoss, an experienced mediator and arbitrator talks with Sean O’Connor about the concept of Early Dispute Resolution (EDR) Mediation and its significance in resolving business. Felicia shares her transition from courtroom advocate to becoming a mediator, highlighting the benefits of resolving disputes confidentially outside of the courthouse. The episode delves into the structured four-step EDR Mediation process, emphasizing its effectiveness in transforming early mediations from a check-the-box event before filing a lawsuit into a process that promotes informed decision-making and improved outcomes. They explore why corporate counsel are keen on early mediation provisions, cognitive biases that impact early settlement negotiations, and best practices for drafting an EDR Mediation provision into corporate contracts. The discussion also touches on the alignment of EDR Mediation with Texas public policy, offering listeners insights into more efficient and cost-effective dispute resolution strategies.
Key Timestamps:
00:01 – Introduction
00:10 – Felicia Harris-Hoss's Background
01:28 – Transition from Litigation to Mediation
02:41 – Understanding EDR Mediation
03:56 – The Four-Step EDR Process
05:15 – Corporate Counsel and Early Mediation
06:22 – Historical Context of Mediation in Contracts
07:26 – Cognitive Biases in Settlement Negotiations and Decision-Making
08:21 – The Role of EDR Neutrals
09:48 – Best Practices for Drafting EDR Mediation Clauses
12:00 – EDR Mediation and Texas Public Policy
13:32 – Confidentiality in Mediation
14:05 – Benefits of EDR Mediation
About the Show:
The Art and Business of Resolution is a podcast dedicated to exploring the intricacies of mediation and arbitration in the business world. Hosted by Felicia Harris Hoss, and co-hosted by Sean O’Connor, the show features insights from experienced mediators, arbitrators, trial lawyers, in-house counsel, and other legal professionals. Each episode delves into strategies for effective dispute resolution, offering listeners practical advice on incorporating mediation into best business practices. With a focus on timing, clarity, and efficiency, the show aims to empower businesses and legal practitioners to navigate conflicts with confidence and preserve valuable relationships.
All Links Here: https://bio.link/feliciaharrishoss
Our Website: https://harrishosspllc.com/