How to Change a Litigation Department Into a Dispute Resolution Service Glenn Jones Lane Neave AMINZ Conference 8 August 2009

Introduction Remember “Common Lawyers”? 80’s and 90’s – litigation teams Arbitration and mediation – seen as alternative (ADR) 21st century – LDR teams appear Does the “L” word hold you back

What’s the Difference Litigation means “to engage in legal proceedings” Litigation is one option, not the only option Dispute Resolution a much wider discipline than litigation Clients are empowered and more satisfied

How Do You Make The Change? Drop the “L” word Teach your team about mediation, arbitration, negotiation Support/join the professional groups (e.g. AMINZ, LEADR) Learn/teach different advocacy styles (Lawyers behaving badly)

Strategic Dispute Resolution Identify the issues (between the parties preventing agreement, not just the legal issues) Ascertain client’s preferred outcome(s) Identify ways of achieving the outcome (e.g. negotiation, mediation, arbitration, court)

Strategic Dispute Resolution (cont) Agree strategy with client (e.g. to achieve a negotiated settlement via mediation) Agree tactics (e.g. filing court proceedings to get them to mediation )

Conclusion Litigation increasingly expensive and lengthy Clients more sophisticated and expect more control and more options View yourself as more than just litigators More satisfaction for clients and your team