As a trial judge in New Jersey during the Ronald
Reagan and George H.W. Bush years, I spent much of my time trying to
settle cases. This process involved bringing into my chambers the
lawyers for the disputants and asking them in the absence of their
adversaries to lay their cards on the table.
After I found out what the litigants
truly wanted and I did some pushing and shoving and jawboning, more
often than not, agreements were reached. The threat of an imminent jury
trial -- with its expenses, complexities and uncertainties -- was often
enough to bring the parties to a quick, sensible and relatively
inexpensive resolution. Occasionally, flattery -- even fatuous flattery
-- helped.
But it takes place in secret.
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