The choice of the carcinogenic term “metastasize” by Mark LeHocky, general counsel of Dreyer’s Grand Ice Cream, perfectly sums up his view about the disease of litigation run amok. He always tries to use ADR methods to forestall the waste of full-scale litigation. “More often than not, disputes go on longer than they should and become bigger than they need to be due to misunderstandings as to facts as much as legal issues. Sorting those items out as soon as possible is the best for everyone concerned and helps to avoid the unnecessary buildup of litigation fees and other costs.”
LeHocky’s profile in the Recorder, March 30, 2007, makes an excellent point. Not that you can force the other side to mediate or arbitrate, but at least you can promote those surgical interventions and try to stop the cancer of litigation before it spreads.