The “Casino” of Litigation and the Five-Step Waterfall Solution
Litigation is often likened to the unpredictable nature of a casino. One might even call the American courtroom a ‘casino’, because once you’re in, the exit doors are controlled not by you, but by opposing parties, judges, or a jury. The experience, regardless of the outcome, is not just taxing financially but also emotionally. Even when we at Gertsburg Licata secure a complete win for our clients, they’ve still endured the rigors of the litigation process. A process that consumes not just money but precious time – 18 months or more that can never be reclaimed.
The weight of litigation isn’t lost on us. It’s why we emphasize prevention before the cure. There are straightforward solutions, often termed as ‘low-hanging fruit’, which businesses can integrate into their operational fabrics. Simple language tweaks in contracts, employment agreements, leases, or any document that can be seen as an agreement can often be the barrier between you and a costly lawsuit.
The essence? Communication.
A heartfelt “Thank you” can sometimes work wonders. But for situations where gratitude doesn’t suffice, a structured resolution process is imperative.
Watch Alex’s “Boardrooms, Not Courtrooms” approach here:
At Gertsburg Licata, we champion the “Five-Step Waterfall Dispute Resolution”:
- Direct Communication: An initial face-to-face meeting with executive representatives from both sides.
- Mediation: If direct talks don’t yield results, a mediator steps in to facilitate a resolution.
- Expedited Arbitration: If mediation doesn’t help, an industry-specific arbitrator, well-acquainted with the product or service in contention, evaluates the situation.
- Location-based Arbitration: This arbitration takes place where the business is located, ensuring familiarity with local rules and norms.
- Final Resolution: By the time both parties progress through these four steps, a mutual agreement is often reached, eliminating the need for courtroom litigation.
This systematic approach not only curtails the potential of being dragged into protracted legal battles but also fosters an environment of understanding and collaboration. We’ve often include this five-step provision in our client contracts. We firmly believe that proactive measures like these can save businesses countless hours and financial resources.
The next time you’re revisiting your contracts or agreements, it might be worth having a conversation with your lawyer about the Five-Step Waterfall Dispute Resolution. Let’s change the narrative from unpredictable ‘casino’ courtroom battles to structured, amicable resolutions.
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Alex Gertsburg is a managing partner at Gertsburg Licata and can be reached at [email protected] or (216) 573-6000.
Disclaimer: The information provided in this article and video is intended for general informational purposes only and should not be construed as legal advice. It does not establish an attorney-client relationship, and any reliance on the information contained herein is done at your own risk. For specific legal guidance tailored to your business and jurisdiction, it is recommended to consult with a qualified attorney who can provide professional advice based on your unique circumstances.
