Business Litigation--Settlement is Inevitable

My friend Vickie Pynchon wrote this great post for Forbes.com titled "A Heart to Heart with Your Business Laywer."   In short, she explains to business litigants that, since you will end up settling, you should try to figure out how to settle with the least cost and overall grief from the outset.  This will require you to look your opponent in the eye and have a conversation with her and come to a business agreement.

As a former big ticket IP litigator, I can say I agree 100 % with Vickie.  Litigators got to litigate.  That's their business model.  They need litigation to survive like they need food, clothing and shelter.  Few entrepreneurs or corporations are in the business of litigation, however.  This means litigation is a deviation from their chosen business model and decision makers must figure out how to end it before it weakens their ability to sustain their companies.  In order to do this most effectively and efficiently, the litigants must sit down together early in the process, a time when it is most difficult to do so.  Typically, and this is Vicky's overall point, people are loathe to do so before they have bled time, money and resources into a futile business litigation where settlement is required.  While it takes a lot of guts to face one's opponent early on, if settlement is the inevitable outcome, why not go ahead and get it over with and get on with your respective businesses?