Don’t waste my time on negotiation or mediation; this case needs a judge: When is litigation the right solution?
Date of this Version
This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, such as early neutral evaluation, problem-solving mediation, and arbitration.
This document has been peer reviewed.