Chapter 9

An Early Warning System to Prevent Litigation?

An early warning system to prevent litigation is an idea that must be taken seriously. It is an idea whose time has come. Nothing is so ­powerful, because our shared intuition is that such an idea is inevitable. It is the idea that litigation is not the only answer to resolving a dispute; that litigation itself can be prevented if the company is enabled by a proactive early warning system to prevent any damages or (at least) to mitigate them.

We focus on damages because they are a necessary element of every lawsuit seeking a monetary award. So it follows immediately that if there are no damages, no viable lawsuit can be filed. The operative, motivating formula on which this system stands ...

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