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The Corporate CounselorLJN NewslettersNewsSections

Case Management and Analysis

By David J. Bradford
July 30, 2007

The great civilizations, dating back to ancient Babylon, resolved disputes by conducting trials. There are many reasons why 'trials' have stood the test of time ' validated by centuries and civilizations ' as a universally recognized method of dispute resolution.

In the last few decades, 'going to trial' has lost its luster. Corporate counsel and business leaders have grown wary of the risk, expense and diversion of resources associated with trials. As plaintiff lawyers availed themselves of new theories of liability and liberal discovery, courts have grown congested and the road to verdict has grown longer. Trials have become synonymous within the business community with aberrant verdicts and wasteful expenditures of time and money.

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