The myth: Litigation must be adversarial. Our legal system is founded upon the principle of opposing parties fighting to achieve victory. In this framework, litigation becomes a battle, with victory often viewed in zero-sum terms: if one side wins, the other must lose.
The reality: Almost every lawsuit is resolved via negotiation, not ‘victory’ in the courtroom. Roughly 98% of cases settle before reaching trial, which means there isn’t an adjudicated winner or loser. Instead, the parties come to an agreement of their own making. The statistics don’t lie — most cases never make it to trial.
Given this, it’s imperative to shift the perspective on litigation. Rather than viewing it as a battle, it should be treated as the negotiation it is — a process in which both sides are working towards a mutually acceptable outcome. This shift in mindset changes everything.
By reframing litigation as a problem-solving process rather than a zero-sum game, parties can focus on the primary task of finding solutions. This doesn’t mean sacrificing one’s interests or giving in to unreasonable demands. Instead, it means looking for opportunities to minimize friction and avoid unnecessary escalation.
See below for more about Jason’s background and approach…or, just reach out for a conversation.
