Filing a lawsuit and having one's day before the jury has become a sacred American right, and any suggestions for change are treated harshly by the guardians of this sacred cow. But change is coming. And it is coming fast and furiously. Just as the medical profession was rocked by massive change beginning about 15 years ago, the legal system is at the beginning stage of change that will shake it to the core. The judicial system cannot handle such volume and the public is increasingly tired of the financial and emotional cost associated with an adversarial system.
Common sense requires a different approach.
At present, there is great opportunity for alternatives that provide more cost efficient and more satisfying results, not only with disputes that involve relationship conflict such as divorce and conflict in the workplace, but also for community-wide disputes. Mediation is the most frequently used alternative to litigation. It holds tremendous promise not only as a more efficient method of settlement, but also as a vehicle for transforming relationships. Custody battles are bad, but only the really bad parents end up fighting. Most people these days go first to the lawyers and start battling.