8 seasons of war in ‘Game of Thrones’ lead to ADR - Maryland Daily Record
The entire eight-year run of the hit television series “Game of Thrones” – where sustained conflict inflicted countless deaths and drained unimaginable resources – resulted in direct talks between the leaders of the Seven Kingdoms to negotiate their collective future. Years of intense, “scorched earth” fighting (pun intended) failed to produce anything constructive.
Even in war, negotiation is necessary. Similarly, in court-room wars, litigants resolve more lawsuits than judges do. Of course, the litigation process will often motivate people to bargain. But when is it overkill?
In my view, the question is whether efficiency matters since the parties will most likely end up settled rather than adjudicated. I think the answer lies in whether people are motivated to be efficient. Time and money can motivate efficiency in the world of legal services. Savvy consumers know that the best law firm is not the one that turns every dispute into a complex trial. They look at a law firm’s portfolio of cases and ask specific questions regarding how long it typically takes to close a file. They consider hard costs and the extent to which the litigation process will interfere with their business. .
Nonetheless, in the midst of a hotly contested case, redirecting motivation is like redirecting a charging bull. Influence and persuasion – which are art forms — take time. When people trust the process and the mediator, and when their values are elevated and incorporated into the outcome, bulls can be redirected.
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