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Re: I can't help but wonder...

Duke, fine post. One of the primary skills of an excellent negotiator is understanding the other persons position and expectations before taking a position and then working on the best solution for both parties. Believe it or not, apart from the greedy few (corporate and individual) most litigation is fostered by disagreements which are resolved easily when the facts are know. I would estimate that 95% of all litigation results in settlement not trial. The real problem is getting all of the litigants to reveal the truth underlying their case. This can be caused by plaintiffs, defendants and/or their attorneys. This thread is rife with people who have solutions and positions when they knew neither the facts as they applied to both parties or the law. Interestingly, it is just this type of individual who is responsible for much of the prolonged litigation we see. IMHO. Too bad I don't live near NO - I'd love to do business with you.

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