Dispute Resolution: The Big Picture

     The concept of conflict is central to law. Conflict is inevitable in human relations, and law responds to the concept of conflict in many ways. It anticipates potential areas of conflict and provides rules through which conflict can be addressed. In the event the parties are unable to resolve certain conflicts on their own, it provides a forum and a process to give a resolution. In other contexts, the government will provide sanctions and punishments for those who take conflicts to unacceptable levels.

     Conflict is inevitable, and even those who do not plan to ever practice in a courtroom must spend time thinking about how potential conflicts must be resolved. That said, one thing for lawyers to guard against is the notion that legal, judicial resolution is the best or normal way to resolve all conflicts. A great lawyer is strategic, and does not reflexively head to court but thinks about where the conflict might best be resolved. A great lawyer also anticipates that conflict might arise when putting together an agreement, and in many if not most cases provides a forum for dispute resolution as part of the contract.