Understanding the tools and opportunities for dispute prevention enables lawyers who are looking for better solutions, or some new methods, to add dispute prevention to their own ‘toolkit’ in serving as a trusted advisor. What kinds of training and resources are there for dispute prevention? A key innovator in the field is the International Institute for Conflict Prevention and Resolution; their website has a wealth of resources. The ABA and many state bar associations are seeing dispute prevention as a natural extension of the field of alternative dispute prevention and are developing training and resources. Is dispute prevention suitable for all arrangements and contracts, or just for a select few? Right-sized dispute prevention can be beneficial in most or all arrangements. Full-blown contract preventions with EXPERT INSIGHT 75 standing relationship facilitators participating in regular briefings is likely cost-effective only for contracts in which the dollars or successful outcome are particularly meaningful. Joint ventures, long-term supply, licensing, or make/ break-the-company arrangements are obvious candidates for where the fuller provisions are useful. Effective counsel can help tailor dispute prevention provisions to the scale and needs of each situation. In what ways has your experience as a former corporate lawyer given you a better understanding of the fundamentals of mediation? Negotiating day-in, day-out gives me a real appreciation of how deals are made (or not). A contract is a collection of many smaller pieces that fit together as mutual overlap. My background also gives me a bird’s eye view as to how expectations are not met in performance and disputes arise. My background is useful in being able to recognise patterns and in having some insights into which threads to pull to untangle the knot. About Deborah Hylton Deborah Hylton is a Fellow of the Chartered Institute of Arbitrators with an active practice in conflict engagement, including dispute prevention, mediation and arbitration. Prior to establishing her ADR practice, she spent 10 years in business-only roles including CEO, Board Chair and Restructuring Officer. She has been a recognised corporate and securities lawyer, with over 22 years of experience at a Top 100 US law firm. She was recognised by Best Lawyers in America for corporate law for more than 10 years and was rated AV Preeminent by Martindale-Hubbell. She also currently serves as director of a privatelyowned health care clinical products manufacturer and design company in addition to serving on the boards of two other health-related companies. Contact Deborah Hylton Hylton ADR Services 201 West Main Street, Suite 215, Durham NC 27701, United States Tel: +1 919-946-6670 E: deborah.hylton@hyltonadr.com www.hyltonadr.com
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