Dispute Prevention Library of Resources
This Library of Resources is designed to help those interested in dispute prevention put it into practice. Included in the Library are training decks, videos and programs on dispute prevention, Best Practice Guidance, and guidance on particular dispute prevention mechanisms for implementation. Finally, the Library includes instructive literature and articles on Dispute Prevention. In addition to the Library, CPR also has a Dispute Prevention Committee, available for any CPR Institute member to join. CPR Dispute Resolution also has a Dispute Prevention Panel to assist parties as third-party dispute prevention neutrals.
MAMG Presentation on Dispute Prevention This was prepared by the Brazilian law firm, MAMG, as a high level presentation to clients explaining dispute prevention what it is, the culture shift helpful for a dispute prevention environment, and practical steps that can be taken to implement change and prevention internally.
- Internal Mechanisms
- Joint Best Practices
- Joint Best Practices Outline for Dispute Prevention, A task force of CPR members convened to outline ideas on how parties to business arrangements might best work together to avoid disputes and better enhance the value of their business arrangements.
- Alliance/Relationship Management, This program has been used by Bayer, a Dispute Prevention Pledge signatory, effectively to mitigate collaboration issues and meaningfully increase the probably of success for their collaborations.
3. Proposed Contractual Clauses
4. Third Party Facilitation
1. "Unpacking the Standing Neutral: A Cost Effective and Common-Sense Approach for Preventing Conflict", This report from the Haslam College of Business at the University of Tennessee takes a comprehensive look at the dispute management spectrum with a particular focus on the use of standing neutrals as a dispute prevention mechanism. The study authored by Kate Vitasek, James Groton, and Daniel Bumblauskas makes the case for using standing neutrals to prevent, de-escalate and resolve disputes more cost-effectively, and provides examples of how they have been used.
1. Why do IT Projects Fail: And How to Keep Them Going with Standing Neutrals and Dispute Review Boards - Slides from the 2022 Annual Meeting
5. Other Dispute Prevention Mechanisms
Dispute Prevention Literature
- "A Fresh Look at ADR: Preventing Disputes", by Deborah Hylton, (First appearing in Lawyer Monthly (September 2022).
- “Dispute Prevention and Resolution Options That Can Save Start-Ups from Failure”, by Myrna Barakat, New York Law Journal, June 1, 2021.
- “Dispute Prevention in Business Transactions: An Introduction and A Conversation,” by Deborah Hylton, Hylton ADR Services, LLC © 2021, scheduled to appear in ABA’s Business Law Section’s Business Corporate Litigation Committee Newsletter, April 2021.
- Practical Tips for Contracts in Uncertain Times, By Deborah Hylton, Conflict Engagement Specialist and Corporate Director, April 9, 2020
- Dispute Prevention = Business Collaboration: How Prevention Can Reduce Conflict and Preserve Relationships, Theory-of-Change Symposium, By Noah J. Hanft, January 19, 2020
- Chapter 70, “Thinking Ahead”, from The Negotiator’s Desk Reference, by James P. Groton, Chris Honeyman & Andrea Kupfer Schneider
- “Dare to be Great in JV Dealmaking”, The Joint Venture Alchemist, Ankura – Examining common causes of the failure of joint ventures and potential mitigating measures. January 2015
- “How and Why the Standing Neutral Dispute Prevention And Resolution Technique Can Be Applied”, by James P. Groton and Kurt L. Dettman, Alternatives, Vol. 29 No. 10, November 2011
- “The Standing Neutral: A ‘Real Time’ Resolution Procedure that also Can Prevent Disputes”, By James P. Groton, Alternatives, Vol. 27 No. 11, December 2009
- “The Next Frontier Is Anticipation: Thinking Ahead about Conflict to Help Clients Find Constructive Ways to Engage Issues in Advance”, by Christopher Honeyman, Julie Macfarlane, Bernard Mayer, Andrea Schneider and Jeff Seul, Alternatives, Vol. 25, No. 6, June 2007
CPR MASTER GUIDES on Conflict Prevention and Resolution: Avoiding and Resolving Information Technology Disputes, by CPR Committee on Information Technology Conflict Management, 2005
Jim Groton Website: Proactive Prevention, Control, De-escalation and Real Time Resolution of Disputes, The purpose of this website is to inform the business world about the use of pre-dispute and pre-escalation processes in business dealings, not only to prevent disputes but because they strengthen relationships.
To The Extent That... and "Avoiding the Dispute Before It Begins" is available on Apple Podcasts and Spotify. It can also be accessed via the ABA Business Law Section's "Business Law Today" website: businesslawtoday.org/podcasts/
Members-Only Video Content
CPR's 2021 Annual Meeting: Prevent! Resolution Without Dispute
- AM21 Opening Remarks by Carlos Hernandez, Retired Chief Executive Officer, Fluor Corporation (Jan 28, 2021)*
- PANEL #2: "Expanding the Definition of ADR: The Case for Conflict Prevention and Risk Management" (Jan 28, 2021)*
- PANEL #3: "Great Idea - How Do We Do It?" Live Simulation (Jan 28, 2021)*
- AM21 Closing Remarks by Scott Partridge, General Counsel & Senior Vice President, Bayer (Jan 29, 2021)*
Effective July 1, 2022, all references in Rules, Procedures, Protocols, Model Procedural Orders, Model Clauses and Guidelines to The International Institute for Conflict Prevention and Resolution, Inc. or CPR shall be deemed a reference to CPR Dispute Resolution Services LLC.
The information and resources on this website should not be construed as legal advice or opinion, or as a substitute for the advice of counsel.