Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion.

A fundamental premise of EDR is that clients routinely forecast risks and make business decisions with limited but sufficient information, and their counsel should be able to provide them with that same level of information at the very early stages of a dispute. The only requirement for entering the process is this: parties and their counsel must be willing to act in good faith and abide by higher ethical standards outlined in its protocols, which exceed those required under typical rules of professional conduct.

This article will provide an overview of the EDR dispute resolution process and discuss how parties to construction projects might implement these procedures in resolving their disputes.

Originally published in American Bar Association's Under Construction – Summer 2021, Vol. 22, No. 4.