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Alternative Dispute Resolution

Sep. 24, 2026

Beyond the merits: The executive lens on legal disputes

The legal merits don't always drive litigation strategy. To be a true business partner, counsel must understand the leverage, relationships and commercial stakes that matter to the client.

Michael Schwimmer

Commercial Mediator
Signature Resolution

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Beyond the merits: The executive lens on legal disputes
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Imagine the following conversations in which outside litigation counsel makes a recommendation to her corporate client on how to move forward in anticipation of a lawsuit:

Recommendation No. 1

Litigator to corporate executive:

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