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Management article
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Reference no. 85204
Published by: Harvard Business Publishing
Published in: "Harvard Business Review", 1985

Abstract

In a letter to outside counsel, a hypothetical CEO comments that although corporate lawsuits are expensive, time consuming, and often counterproductive, business people and lawyers alike assume that litigating rather than settling is the normal way to deal with disputes. To alter this pattern, the CEO proposes that executives and lawyers recast their assumptions, treating prompt settlement of disputes as a primary goal and litigation as a last resort, and viewing lawyers, not as warriors, but as cost-conscious mediators. A cooperative effort by business people and lawyers, the CEO concludes, best ensures a reasonable and cost-effective approach to resolving disputes.

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Abstract

In a letter to outside counsel, a hypothetical CEO comments that although corporate lawsuits are expensive, time consuming, and often counterproductive, business people and lawyers alike assume that litigating rather than settling is the normal way to deal with disputes. To alter this pattern, the CEO proposes that executives and lawyers recast their assumptions, treating prompt settlement of disputes as a primary goal and litigation as a last resort, and viewing lawyers, not as warriors, but as cost-conscious mediators. A cooperative effort by business people and lawyers, the CEO concludes, best ensures a reasonable and cost-effective approach to resolving disputes.

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