September 4, 2018
by Frank Burke

Introducing ADR & Conflict Management Strategies

Welcome! ADR & Conflict Management Strategies at will  offer ideas on alternative dispute resolution best practices in planning, strategy and advocacy in the full spectrum of conflict resolution methods, from early conflict resolution before litigation or arbitration has begun, early dispute resolution in the litigation process, mediation, and arbitration. Please visit the blog  and sign up to receive blog posts via e-mail.

The target audience for this blog includes plaintiff and defense attorneys and inside counsel and the parties who participate in ADR and conflict management processes prior to and during litigation and arbitration. In addition, the blog will focus on consultants, business owners and employees involved in other conflict management situations or processes who want to utilize principles and techniques of negotiation and mediation to resolve such issues.

Just as we discuss the strategies for the various phases of litigation, now we are discussing the strategies for the various phases of mediation and other forms of conflict resolution. That will be our focus in this blog. Litigators have historically received trial practice training based on methods steeped in history but ADR training and methods are still evolving. We have viewed the litigation and arbitration processes as early (framing the claims), middle (discovery concerning the claims) and late (the trial or hearing through the verdict or arbitration award). Likewise, we are now viewing the mediation process as early (from mediator selection to presenting the case through writings and first conferences, joint or otherwise), middle (first offers through early negotiation rounds) and late (closing gaps, breaking impasse, reaching agreement and documenting it).

My strategy suggestions are based upon a lengthy 42 year career as a business trial lawyer representing plaintiffs and defendants in federal and state courts in 26 states, China and Canada. More recently I am serving as a busy mediator and arbitrator in a wide spectrum of cases experiencing a variety of party strategies and techniques. As mediation and arbitration have evolved and developed, best practices are becoming clearer and there is less need for parties and counsel to proceed solely by trial and error.

We will discuss ADR and conflict resolution across a wide variety of subject areas, from business, contract and UCC disputes to real estate, leasing, IP, trade secrets, technology, employment, personal injury, professional malpractice (legal and accounting), antitrust, securities and false claims and whistleblower matters, corporate governance, business divorces, partnership dissolutions and family business and tenants in common disputes.

I hope to include Guest Posts by trusted colleagues covering content within the scope of this blog. The blog site offers the ability of recipients to offer feedback and comments. I look forward to discussing ideas and best practices via e-mail or through the comments section on the blog site.

This blog will appear in the industry leading LexBlog network within the Corporate and Commercial channel. Please visit the blog at and sign up to receive blog posts via e-mail. Thank you for reading and visiting and advancing the dialogue.

Frank Burke Mediation & Arbitration, P.C.
Online | San Francisco | Oakland | Silicon Valley | California

Scheduling: 650-351-2321
Available to handle your matters remotely via Zoom Conferencing.

Recognized in Best Lawyers in America for Mediation, Arbitration, and Commercial Litigation

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