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Law Practice,
Civil Litigation,
Alternative Dispute Resolution

Jul. 31, 2020

Reassessing litigation in a pandemic: 4 questions worth asking

A former general counsel and litigator turned mediator's take on potential rude awakenings and steps to avoid them.

Mark LeHocky

Mediator, Arbitrator and Special Master
ADR Services, Inc.

Mark is a former complex litigator and the former general counsel to different public companies. He also teaches at UC Berkeley's Haas Graduate School of Business and School of Law on the intersection of law, risk and business decision-making. For his work, Mark has also been repeatedly voted a Best Lawyer in America for Mediation by BestLawyers.com(c).

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The world has changed and it won't change back soon. Maybe ever. The coronavirus outbreak has triggered massive layoffs and sobering jobless numbers. New bankruptcies presage additional pain with many ripple effects. In turn, courts delay trials and outcomes even further. It all cries out for a pause to rethink litigation strategy and the value of many disputes.

While some companies still prosper, many more suffer with no apparent en...

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