“Fortitude is the capacity to say no when the world wants to hear yes.”-Erich Fromm
“I do not believe that settlement as a generic practice is preferable to judgment or should be institutionalized on a wholesale and indiscriminate basis.”-Owen Fiss
October 31, 2016:
Today is Halloween, so it’s a fitting to play devil’s advocate just for fun – and perhaps for free candy.
Shocking as it might be to read these words (and those of Professor Fiss) in a newsletter from us – mediators and settlement counsel — there is no point denying that some cases just shouldn’t settle. To take it a step further, some cases should not even be mediated.
Forget about “Getting to Yes”. This is about “Staying at No” — and being fine with it.