Introduction

"What is our goal?" is the first question the commercial lawyer usually asks the client, in our case business managers, at the inception of a dispute. A look of surprise and sometimes uncomfortable laughter can follow with the usual response from the client, "we want to win, of course!" Despite the surprise at the question, the truth is that few managers - if asked before a dispute arose - would consider litigation an important part of their business strategy. On the contrary, businesses are forward-looking, and the successful ones will have planned carefully in order ...