RESOURCES

The EDR Institute provides the following links to form documents EDR neutrals, practitioners and others can adapt to make Early Dispute Resolution a common part of their business. These forms should only be used in conjunction with a lawyer or other EDR professional skilled in the EDR process

EDR Neutral Retention Letter

Sample EDR Clause for Contract between Businesses

Sample EDR Agreement between Parties

Form Ad Hoc EDR Agreement

The EDR Institute has identified the following books and articles that are helpful in assisting lawyers and EDR neutrals conduct and effective and objective evaluation of a dispute:

  1. Randall L. Kiser, Martin A. Asher, and Blakeley B. McShane, Let’s Not Make a Deal:  An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations, 5:3 Cornell Journal of Empirical Legal Studies at 551-91 (Sept. 2008).
  2. M. Keet, H. Heavin, and J. Lande, Litigation Interest and Risk Assessment:  Help Your Clients Make Good Litigation Decisions (ABA 2020)
  3. M. Aaron, Risk and Rigor:  A Lawyer’s Guide to Decision Trees for Assessing Cases and Advising Clients (DRI Press 2019).
  4. P. Silverman, The Client’s Guide to Mediation and Arbitration: The Strategy for Winning at 35-42 (ABA 2008).
  5. D. Kahneman, Thinking, Fast and Slow (Farrar, Strauss and Giroux 2013).
  6. A. Wistrich, J. Rachlinski, How Lawyers’ Intuitions Prolong Litigation, 86 S. Cal. L. R. 101 (2013).
  7. P. Tetlock and D. Gardner, Superforecasting: The Art and Science of Prediction (Broadway Books 2015).
  8. N. Silver, The Noise and the Signal:  Why so Many Predictions Fail—But Some Don’t (Penguin Books 2015).
  9. N. Taleb, The Black Swan: The Impact of the Highly Improbable (Random House 2010).
  10. R. Kiser, Soft Skills for the Effective Lawyer at 248 nn. 89, 90 (Cambridge 2017).
  11. Fisher & W. Ury, Getting to Yes: Negotiating Agreement Without Giving In (2d ed. 2011).