Based on Harvard Professor Clayton Christensen’s 1997 classic The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail, my recent article published in Mediate.com examines how mediation can replace litigation to become the standard practice for resolving disputes in the U.S.
While most consider mediation an ‘alternative’ to litigation, I argue it’s only a matter of time before mediation reaches ‘cornerstone status’ in our legal system. Among other things, the article focuses on how law firms and legal education may have to adapt to achieve this goal. However, the outcome can only result in a less expensive, time consuming and emotionally draining process.
To read Sig’s Mediate.com article in its entirety, please click here .
Comments from Social Media
” We discussed this exact issue over dinner last night with Michael Levine. The gatekeepers (attorneys), their need to bill as many hours as possible, and that Alternative Dispute Resolution (ADR), including but not limited to mediation, results in an “Alarming Drop in Revenue.” Michael was telling us about a lawyer friend of his who was being pushed by his law firm to bill hours, even while he was in the hospital on a ventilator. Maybe people should stop using lawyers as gatekeepers when it comes to dispute resolution. “
–Mark S. Baer
© Sig Cohen and Beyond Dispute Associates, 2015. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Sig Cohen and Beyond Dispute Associates with appropriate and specific direction to the original content.