Early Dispute Resolution Mediation Panel
A Structured Approach to Early Risk-Informed Resolution
About
EDR Mediation incorporates a structured risk analysis to help parties evaluate potential outcomes and determine realistic settlement value. It also uses targeted information exchange, so parties focus only on what is needed to assess risk and move toward resolution.
Unlike traditional mediation, which is often conducted as a single session, EDR Mediation follows a structured process over a defined timeframe. The process is typically conducted virtually, concludes in less than 30 days, and is comparable in cost to traditional mediation. In-person sessions are available upon request.
The AAA’s EDR Mediation Panel follows the EDR Guidelines developed by the EDR Institute, which provide a framework grounded in best practices for risk assessment, forecasting, bias mitigation, and negotiation. Each matter is facilitated by a trained AAA EDR Mediator with demonstrated experience in the EDR process and decision-tree analysis.
A Four-Step Process Focused on Early Analysis and Resolution
How it works
Step 1: Initial Dispute Assessment
Parties develop a shared understanding of the dispute by providing key documents and working with the EDR Mediator to identify the core claims and issues.
Step 2: Focused Information Exchange
Each party requests the specific documents and information needed to assess risk and make informed settlement decisions.
Step 3: Mediator-Assisted Risk Analysis
With the EDR Mediator’s guidance, parties evaluate costs, risks, likely outcomes, and business interests to develop a realistic settlement range.
Step 4: Resolution
The EDR Mediator facilitates risk-informed negotiation, helping parties move beyond positional bargaining. If resolution isn’t reached, parties may proceed to traditional mediation or arbitration.
Informed Decisions. Better Outcomes.
Why it works
EDR Mediation focuses parties on the issues that matter most, helping them understand risk, evaluate potential outcomes, and determine realistic settlement value.
With the EDR Mediator’s guidance, parties:
Align on what’s truly at stake, identifying the core issues that will drive the outcome
Exchange targeted information, focusing only on what is needed to assess risk
Develop an objective view of value through structured risk analysis
Negotiate with clarity, using realistic expectations grounded in that analysis
Model EDR Mediation Clauses
Model clauses
Model EDR Mediation Step Clause
If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions or negotiations thirty (30) days after one party provides written notice of the dispute to the other party, the parties agree before resorting to arbitration, to endeavor first to settle the dispute through Early Dispute Resolution ("EDR") Mediation administered by the American Arbitration Association under its Commercial Mediation Procedures with an EDR Mediator selected from the AAA's EDR Mediation Panel. If the parties are unable to resolve the dispute through the EDR Mediation process, the parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Model EDR Mediation Concurrent with Arbitration Clause
Any controversy or claim arising out of or related to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree to try to settle the dispute, after a demand for arbitration is filed, by Early Dispute Resolution ("EDR") Mediation administered by the American Arbitration Association under its Commercial Mediation Procedures with an EDR Mediator selected from the AAA's EDR Mediation Panel. Such EDR Mediation shall proceed concurrently with arbitration and shall not be a condition precedent to any stage of the arbitration.
Administration and timing
Expert Administration with a Fast Path to Resolution
The process is designed to move quickly, typically concluding within 30 days. EDR Mediation can also proceed concurrently with the arbitration process, helping to maintain momentum toward resolution.
As with all AAA-administered mediations, confidentiality is maintained throughout.
Featured EDR Panelists
Panelists
Michael Hawash
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Felicia Harris Hoss
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Anne S. Jordan
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Peter Silverman
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Webinar
On-Demand Webinar: A Closer Look at EDR Mediation
Documents for EDR Mediation
Resources
ABA Resolution 500 (2024): Promoting Early Dispute Resolution
A New Form of Dynamic Mediation is Helping to Unclog Harris County's Civil Dockets | The Houston Lawyer
The EDR Protocols: Mediation Transformed | Mediation Magazine
Early Dispute Resolution and Our Business Cases | The Atlanta Lawyer | Article
Early Dispute Resolution and the Power of Risk-Adjusted Value Decision Trees | ABA Section of Dispute Resolution
Early Dispute Resolution: Practices and Principles for Early Settlement | Michigan Bar Journal | Article
Early Returns on Early Dispute Resolution | American Bar Association | Article
Early Dispute Resolution Institute | Website
Stop Burning Money for a Trial that Won't Happen: Early Mediation Reinvented
Get Started with Early Dispute Resolution
Contact us
Contact the AAA today at mediationservices@adr.org to learn more about our Early Dispute Resolution Panel.