Preventing the Dispute Before It Begins
- Nyhet
Proven Mechanisms for Fostering Better Business Relationships
Häftad, Engelska, 2026
1 089 kr
Kommande
Produktinformation
- Utgivningsdatum2026-05-12
- Mått178 x 254 x undefined mm
- FormatHäftad
- SpråkEngelska
- Antal sidor194
- FörlagAmerican Bar Association
- ISBN9781639055555
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Kate Vitasek is an international authority for her award-winning research and Vested® business model for highly-collaborative relationships. Vitasek is a Distinguished Fellow for the University of Tennessee’s Global Supply Chain Institute where she leads UT’s Certified Deal Architect program – a progressive program teaching the art, science and practice of how to create – and sustain – highly collaborative win-win business relationships.Kate’s research has led to eight books. Vitasek is widely published with over 400 articles in publications including Harvard Business Review, Chief Executive Magazine, The Economist, FAST Company, Information Week, CIO Magazine, World Financial Review and Supply Chain Management Review and the University of Pacific Law Review. Her latest book – Preventing the Dispute Before it Happens – is published by the American Bar Association and was written in collaboration with Jim Groton, Ellen Waldman and Allen Waxman.Vitasek has been lauded by World Trade Magazine as one of the “Fabulous 50+1” most influential people impacting global commerce and she has been featured on CNN International, Bloomberg, NPR, Fox Business News, and Forbes for her practical and research-based advice for creating and sustaining strategic business relationships.Kate Vitasek is in both the Sourcing Industry Group and the International Association of Outsourcing Professional’s “Hall of Fame,” is a World Commerce and Contracting “Fellow,” and has been named a “Power Influencer” by World Financial Review. In 2023 Vitasek was honored as the 2023 recipient of CPR’s Outstanding Leadership in Dispute Prevention award.Prior to joining the University of Tennessee, Vitasek held positions with P&G, Microsoft, Accenture, Stream International and Supply Chain Visions – a boutique-consulting firm she founded which was recognized by ARC Advisory Group as one of the “10 Coolest” boutique consulting firms.Jim Groton is a retired Partner of the firm ofSutherland. Asbill and Brennan - now known as Eversheds Sutherland - where heled the Construction and Dispute Prevention and Resolution practices of thatfirm. As a practicing lawyer during the Atlanta buildingboom in the 1950s, 1960s and 1970s, he specialized in construction matters,progressing from trial lawyer to trouble-shooter, to behind-the-scenescounselor, to problem-solver, and advocate for “keeping the peace” onconstruction projects. He was an early student of the construction industry’snewly-invented dispute prevention processes such as realistic risk allocation,partnering, incentives to encourage cooperation, dispute review boards andstanding neutrals. He sponsored research into the relative transaction costs ofvarious methods of processing disputes in order to provide empirical data formaking decisions about the most appropriate methods for dealing with potentialdisputes. Jim was the principal editor and one of the authorsof the 1991 book published by the International Institute for ConflictPrevention and Resolution (CPR), “Preventing and Resolving ConstructionDisputes,” which presented the construction industry’s newly-inventedtechniques for preventing, controlling, de-escalating and achieving theearliest possible resolution of disputes, and advocated applying thosemechanisms as a dispute prevention system. He chaired CPR’s Prevention StudyGroup which authored CPR’s 2010 “Prevention Practice Materials.” In 2016 hepersuaded the leaders of the Global Pound Conference to include thestill-developing subject of dispute prevention as a part of the Conference’sexamination of ways to improve ADR. In a surprising development, the delegatesto that Conference voted that “pre-dispute or pre-escalation processes toprevent disputes” are the processes which should most be prioritized to improvethe future of dispute resolution. In retirement, Jim has continued to conductresearch and advocate the widespread use of dispute prevention practices inbusiness. Jim has received numerous awards andrecognitions for his dispute prevention and resolution work from suchorganizations as the American Arbitration Association, the ConstructionIndustry Institute, the American Institute of Architects, Engineering News-Record,and CPR. He was the first lawyer to be elected to the National Academy ofConstruction.Jim is a graduate of Princeton University and theUniversity of Virginia Law School. Ellen Waldman is currently the Vice President of Advocacy and Educational Outreach at the International Institute for Conflict Prevention and Resolution (CPR). In the area of dispute resolution, she writes, trains and consults in a broad range of cases, including end-of-life in the health –care context. Former chair of the International Mediation Institute’s ethics committee, and task-force member for the California judicial council’s working-group on training requirements for court-connected mediators, Waldman has been deeply involved in policy questions relating to the qualification and ethics training of mediators. She has published more than 25 articles on numerous dispute resolution topics and crafted the first book-length treatment of ethical dilemmas in mediation, entitled Mediation Ethics: Cases and Commentaries. Allen Waxman, of counsel at DLA Piper, is the former general counsel and head of litigation at Pfizer as well as the general counsel and a business unit leader at other domestic and international life science companies. Allen was also previously a partner at two national law firms, and his practice has included trying civil and criminal cases, serving as national counsel in pharmaceutical product liability cases, acting as a resolution leader of mass tort and commercial cases, and most recently supporting efforts to deploy artificial intelligence to enhance the practice of law, including in mitigating risk as well as in prevention and resolving disputes. Prior to joining DLA Piper, Allen was the CEO of the International Institute for Conflict Prevention and Resolution (CPR). Under his leadership at CPR, the organization launched a pledge for dispute prevention in business relationships and developed tools for more effective, efficient ways to both resolve disputes and prevent them where possible. Allen also developed and moderated a podcast, sponsored by the ABA, called “Avoiding the Dispute Before It Begins,” where he interviewed leaders in the dispute prevention field on implementing dispute prevention mechanisms.
- Viewing Disputes through a Different LensThe Dispute Management ContinuumEntering the RelationshipFormalizing the RelationshipManaging the RelationshipPutting Dispute Prevention into PracticeThe Business Case for Dispute Prevention
Praise from Business RepresentativesThe dispute prevention mechanisms detailed in this book are not just nice theories. I’ve seen, literally, billions of dollars of construction being completed without any litigation, and with all disputes being resolved during the projects.Howard CarsmanConstruction Claims Manager (retired)Intel CorpPreventing the Dispute Before It Begins contains essential tools to keep business relationships on track and free from value-killing disputes. The book details a practical continuum all businesses can follow. Dispute prevention commences in the pre-contract relationship development phase, before misalignment and unresolved problems spiral into destructive and counterproductive activity. Whether you are involved in contracting or managing business-to-business relationships, this book is an invaluable resource for companies to avoid and manage the waste associated with disputes.Bill DoderoSenior Vice President & General CounselBayer USAISS is one of the world’s largest facility services companies with several thousand customers. It has been a privilege to help lead ISS’s efforts in piloting and adopting many of the dispute prevention mechanisms shared in Preventing the Dispute Before It Begins... If you are a skeptic—consider picking one or two of the concepts from this book and try piloting them. I trust you will begin to see the benefits like ISS has.Jens HolmbergLegal Director and General CounselISS SwedenI lead a team of global lawyers at one of the world’s largest energy companies... We will all benefit from using its guidance in focusing our energies on growing our business relationships rather than wasting those energies on unnecessary conflict.Laura RobertsonVice-President and Deputy General CounselConoco-PhillipsChairperson of the Board of Directors, CPRPraise from the Academic CommunityPreventing the Dispute Before It Begins is immensely valuable not only for contract professionals—but for all who reflect seriously on problem prevention and resolution... This book masterfully offers a variety of practical dispute management measures through case studies, brilliant visualizations, and its sophisticated understanding of contracting and business relationships.Thomas D. BartonEmeritus ProfessorCalifornia Western School of Law, San DiegoThis book brings to the fore a lesson all lawyers who seek to create value for their clients... Lawyers who fail to internalize this lesson are likely to be put out of business by AI or by more skilled lawyers who are able to draw on their unique skill set to contribute to the pre-contract phase of business relationships.Lisa BernsteinWilson-Dickenson Professor of LawUniversity of Chicago Law SchoolAn excellent read! The authors continue their groundbreaking work in conflict prevention, expanding the dispute management continuum and providing a tested, thoughtful approach for significantly reducing conflict in complex contracting relationships.Rachel GoedkenDirector, Werner Institute for Negotiation & Conflict ResolutionCreighton University School of LawPraise from Industry AssociationsImagine, if you will, the power of getting your supplier relationships right before the contract is signed... Getting it right before the contract is signed involves more than just seeking an agreement. It’s about ensuring one knows how to navigate a successful working relationship to accomplish mutually beneficial goals.Mark BaxaPresident and CEOCouncil of Supply Chain Management ProfessionalsThis practical, thought-provoking book matters: it is tackling the fundamental topic of how we build and sustain positive and productive relationships with our trading partners.Tim CumminsPresident, World Commerce & ContractingProfessor, University of Leeds School of LawPraise from Practicing LawyersThis is a transformative book for legal professionals seeking more proactive dispute prevention practices. If you’re looking for a better way to manage business problems before they become disputes, this is the perfect book for you.Lucy BassliFounder and Principal, InnoLaw Group, PLLCFormer Assistant General Counsel, MicrosoftDisputes and friction in commercial relationships are value eroding, time consuming and unnecessary... I wholeheartedly recommend this book to anyone interested in how to do better business in a market environment too often plagued by friction.David FrydlingerPartnerCirio Advokatbyrå ABPraise from the Consulting and Professional Neutral CommunityPreventing the Dispute Before It Begins is a highly practical and engaging book... This book is a huge contribution.James BamfordCo-Founder, Water Street PartnersFormer Co-Lead, Joint Venture & Alliance Practice, McKinsey & Co.Mediators and arbitrators frequently concentrate on resolving disputes. This book offers outstanding examples of how to move the dispute resolution process further “upstream”... I highly recommend it!DeAndra Roaché, FCIArb.Arbitrator, Mediator, Adjunct ProfessorCynergis Dispute Resolution Service