This seminar examines why clients and lawyers turn to litigation as a means of resolving disputes, why litigation often is a dysfunctional means for achieving clients' legitimate objectives, and whether lawyers have an ethical obligation to understand the psychology of both litigation and alternative means of resolving disputes.
While the conventional view is that litigation is a means of vindicating legal rights and achieving just resolution of conflicts, in fact the motivations of both clients and lawyers who engage in civil litigation are quite complex. A lack of insight into the real reasons people choose to litigate predictably leads to needless expense and emotional distress. This seminar studies some of the psychological processes that influence clients' decisions to litigate and lawyers' willingness to support those decisions. It also considers the implications of these processes in the context of alternative paradigms of dispute resolution, such as facilitative mediation. Finally, it explores the ways in which lawyers can use an understanding of litigation psychology and alternative dispute resolution to assist clients both ethically and effectively.