Here is a link to a great article on Planned Early Dispute Resolution, something I can help you and your clients consider and implement. If the right analysis and planning is done, and the right provisions built into your contracts, proposals, and policies many disputes can be avoided or resolved before they become unmanageable. It takes planning, foresight, anticipation and a deep understanding of the business, its relationships and operating environment. As a former General Counsel, I can help analyze your business environment to identify where disputes are likely to arise and where they have surfaced in the past. I can then help you to implement policies and procedures that can help reduce the occurrence or recurrence of identified issues.

American Bar planned early dispute discussion

Winning a judgment at trial is not something that can be treated like “cash in the bank.” Frequently, there can be issues with the financial stability of the judgment debtor making collectability an issue. Even with a solvent judgment debtor, the process to collect on a judgment can be cumbersome and time consuming. Likewise, the judgment debtor may be looking at considerable expense posting an appeal bond, retaining appellate counsel and simply preparing the appeal. When the trial ends, consider mediating the matter. This article is helpful in understanding the collection process.

You Have a Judgment, Now What? Mastering the Art of Judgment Collection | Business Law Today from ABA

Also, on Page 7 of the publication below, there is a great article entitled “What Franchise Litigators Can Learn from Transactional Lawyers about Mediation.” It contains great practical ideas on the concept of “succeeding” at mediation as opposed to “winning.” It is helpful to the mediation process to adopt a succeeding perspective. In mediation, “winning” should not be the objective. Resolution should be.

https://www.americanbar.org/content/dam/aba/publications/franchise_lawyer/summer2021/fl_24-3-summer21-design-cc21.pdf

Here is a great short article on the importance of understanding the INTANGIBLE costs of litigation.

Click to access Alternatives-Organizational-Intangible-Costs-final.pdf