n Without Prejudice - New art : arbitration




Napoleon said a man would fight harder for his interests than for his rights. Litigation, including arbitration is not far removed from warfare as illustrated by Napoleon's invasion of Russia 200 years ago. The general idea is to intimidate your adversary to accept terms and conditions that will protect your interests, with little or no concern for your adversary's interests. In litigation the terms and conditions are distilled in a settlement agreement and in warfare in a peace treaty. In litigation, a letter of demand is issued while in warfare an ultimatum is issued. Both are threats to intimidate and dictate the terms of surrender. Unsurprisingly lawyers sometimes talk about attending war rooms to prepare them for litigation.


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