"The litigious spirit is more often found with ignorance than with knowledge of law." -Cicero
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser--in fees, expenses and waste of time." - Abraham Lincoln
"The entire legal profession--lawyers, judges, law professors--has become so mesmerized with the stimulation of the courtroom that we tend to forget that we ought to be healers of conflicts. For many claims, trials by adversarial contests must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, and too inefficient for a truly civilized people." -Chief Justice Warren E. Burger
Don't get me wrong, litigation does have its place and time. Mediation is not always preferable to litigation. Litigation is a good place for those who won't listen and need to be held accountable. Further, through our adversarial system there is some degree of predictability through stare decisis or precedent which establishes some fariness. It also tends to level the playing field where a party may be unreasonable. This is why we have the black robes. My point is this: Litiagtion should be a last resort. Learn to listen.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment