In conflict environments, characterized by uncertainty and complexity, knowledge is power. Successful campaign strategy depends on understanding, controlling, and dominating the environment through actionable intelligence.
Complex litigation, like warfare, is about strategic conflict resolution. Its objective is to achieve a costless victory where possible, or otherwise reduce the cost of defeat. The decline in case disposition by trial reflects this reality. In 2016, federal courts conducted half as many civil trials as they did in 1962, even whilst disposing of over five times as many civil cases. Trial rates are even lower at the state level. It’s part of a long-term shift towards alternative dispute resolution or negotiated settlement that aims to limit losses on multiple fronts: time, money, morale, and reputation.