Document Type


Publication Date

Winter 2017


This article reports the results of an empirical inquiry analyzing why some businesses do think and act differently by adopting "planned early dispute resolution" (PEDR) systems when most other businesses probably do not do so. PEDR is a general approach designed to enable parties and their lawyers to resolve disputes favorably and with reduced cost as early as reasonably possible. It involves strategic planning for preventing conflict and handling disputes in the early stages of conflict, rather than dealing with disputes ad hoc as they arise. There is no general understanding of what PEDR is since businesses use a variety of PEDR procedures, as described below.3 Thus, it is impossible to estimate accurately the proportion of businesses that use a PEDR system. But our sense is that a relatively small proportion of businesses consistently and systematically uses PEDR processes.



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