In commercial mediations, I often discuss the risks of litigating a case with my clients. Going before a judge or jury presents a lot of unknowns and risk. This is not much different than taking a trip to a casino, where the outcomes are uncertain.
Following on the methods of a Florida judge, Senior Federal District Court Judge Marvin Schoob in Atlanta has ordered two attorneys arguing over the location of a desposition in a civil case to use “a new form of Alternative Dispute Resolution….counsel shall engage in one (1) game of ‘Rock, Paper, Scissors.'”