TRY SOMETHING NEW

Arbitration is faster, cheaper, much, much more controllable and final. Do a one-person, three-person or even five-person arb. Work out evidentiary stips. Throw in a high/ low. Just do it. But, you say, you don’t really trust arbitration? Ok. I’m suggesting partial arbs. Start easy, say, motions in limine. Right now, you don’t really know when your jury trial is actually starting. No idea how many SOJs are coming. No real dates for witnesses. You walk in and everyone throws down sixty motions in limine. It could take a day or a week. Some judges unhelpfully take these motions under advisement. Even after ruling, nothing keeps the judge from reversing mid-trial. Stop the insanity. Arbitrate your motions and present stips to a delighted trial judge. Plough through all those routine motions. Dispose of the important ones to get the certainty that lets you really plan strategy. Maybe you’ll even settle. Lawyers love to gripe. Good lawyers find creative solutions. Arbitration is a vastly underutilized solution.