Archive for December, 2009
Dispute Resolution begins with Preventive Law
December 28th, 2009 | 
Author: Most people involved in a dispute think the first step to resolving it is filing a complaint in court and commencing litigation. Then, you basically turn the case over to your lawyers and wait to hear good news from them about the results. Those unschooled in litigation think that very shortly after that, the case will settle, because “all cases settle”, and they will get a nice chunk of money without much time, cost or trauma.
Others think that within a time about as quick as you can pick up your remote, turn on one of many weekly series’ involving trials, and watch the show, your case will be tried, your lawyer will stand up and make some charismatic closing argument like the ones on TV, and your “slam dunk” case will be won.
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A Law Student’s Perspective on Starting Out in Law
I had a job interview this week. It was not my dream job, but it was a paying job, which is enough to cause this third-year law student to pay attention. The interviewer wanted to discuss my experience with alternative dispute resolution (“ADR”). I am earning a Certificate of Dispute Resolution in addition to my JD. I also intern with the Massachusetts Collaborative Law Council, so I have some interest with various forms of ADR.
As I enthusiastically explained my viewpoint on the strengths of mediation and other ADR processes and why I think they are advantageous to clients, he interrupted me with a knowing smile and said condescendingly, “Yes, but I like going to court.” He then went on to explain the thrill he gets from the entire litigation process…and I zoned out.
