Thursday, July 8, 2010

The True Objective of War is Peace

A major part of my legal practice is mediation and other forms of Alternate Dispute Resolution (ADR.) When people come to me with seemingly intractable conflicts, I tell them two things. First, there is almost always a solution which I can help the parties reach. Second, why didn't you come to me earlier?

Often, these are folks who have already expended thousands of dollars on court and attorneys fees, and spent a lot of time and effort in the unhappy pursuit of a court battle. As Sun Tzu wisely observed "though we have heard of stupid haste in war, cleverness has never been seen associated with long delays. There is no instance of a country having benefited from prolonged warfare."

Mediation and other ADR should always be explored early on as an option to settle a conflict, regardless of whether a lawsuit has been filed. As a mediator, arbitrator, and Judge Pro Tem, I have successfully resolved innumerable disputes. I can't think of a single client who has regretted his or her decision to use ADR to achieve an early resolution of his or her conflict.

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