This anonymous survey was originally published in the Corporate Counsel Review article titled "Stop Burning Money for a Trial That Won't Happen: Early Mediation Reinvented."

The article's authors aim to gather data about trial counsel's and corporate counsel's experience with early mediation. The data will be used only to advance the art and science of early dispute resolution. The authors will also use the data in summary form in a later article submission for various law journals including the Corporate Counsel Review.

No contact information will be tracked about respondents.

The authors welcome and appreciate your responses.

If you have used the EDR Mediation process more than once, please answer these questions strictly for your last EDR Mediation -- unless otherwise noted.

The authors hope that participants will complete the survey multiple times, once for each experience with EDR Mediation. But a participant who has already used EDR Mediation multiple times can take the survey only once to start, then again later for each subsequent EDR Mediation.
Biographical

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1. Is this your first time taking this survey? (Required.)

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2. How many disputes have you mediated through the EDR process before this one? (Required.)

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3. If you have participated in more than one EDR Mediation, what percentage of those disputes were resolved through the mediation process?

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If you have mediated multiple disputes through the EDR Process, please answer all questions for only your most recent experience with the EDR Process -- unless otherwise noted.

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4. Are you trial counsel or corporate counsel? (Required.)

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5. In which state is your office located? (Required.)

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6. Was the EDR Mediation conducted pursuant to a contractual dispute resolution provision? (Required.)

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7. Was the EDR Mediation court-ordered or by agreement? (Required.)

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8. Was the EDR Mediation administered (e.g., AAA, JAMS, etc.) or ad hoc? (Required.)

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9. What type of dispute did you mediate early? (Required.)

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10. What was the amount in controversy? (Required.)

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11. What type of party did you represent? (Required.)

Engaging EDR

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12. When was EDR engaged? (Required.)

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13. Why did you decide to use EDR? Check all that apply. (Required.)

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14. Did the mediator help the parties achieve Sufficient Information to assess the case and negotiate a resolution? (Required.)

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15. Did the mediator help the parties assess their risk adjusted values? (Required.)

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16. Did the early mediation process include a remote, hybrid or in-person session? (Required.)

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17. Did the parties exchange written mediation memorandums? (Required.)

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18. Were deposition(s) taken and/or expert reports exchanged? (Required.)

Resolution

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19. Did you resolve the dispute? (Required.)

 
 33% of survey complete.

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