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
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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Documents for EDR Mediation
Resources
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
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.