Early Assessments of Disputes

Early Dispute Resolution: Although settlements are highly likely to occur in litigated disputes, they are often delayed because lawyers seem to trust trial events more than negotiation. Whether settlements can be achieved in less time without sacrificing good results may depend more on emotional fortitude and less on empirical data. This article will help lawyers and their clients understand what is meant by “early” dispute resolution and how they can break free from what University of Missouri School of Law Professor John Lande calls the “prison of fear.” The article also borrows from the work of social change agents Chip and Dan Heath to illustrate the need for more motivation, not data, if clients want to save money and prevent bad outcomes more frequently and consistently.

The article was published in the Maryland Daily Record and the Maryland State Bar Bulletin in the Fall of 2016. This link opens the article in a new window.