Alternative Dispute Litigation

Hans W. Herb approaches dispute resolution from a unique perspective. Unlike the vast majority of lawyers, Hans had a business prior to becoming a lawyer. He knows that in many cases, there are no "winners" in the legal process. Oftentimes, the "winner" could be better described as the one-armed, one-eyed, one-legged winner. Almost everyone involved in litigation is a loser on some level.

Recognizing that most businesses are not in the business of litigating, and recognizing the deleterious impact of litigation on any individual or business, we do our best to find common sense, business-oriented resolutions to even the most complicated legal matters.

Our view is that most cases are going to settle at some point in time. The question really is when. Many lawyers think the best time to settle a case is after substantial attorneys' fees have been incurred by all parties and all of the positions have become hardened. Our view is that the time to resolve a case is as early as possible in the process, before any party has incurred substantial attorney's fees. The reason, as experience shows, is simple.

Oftentimes in today's world, the mere cost of litigation becomes the driver of the lawsuit. In other words, by the time parties are in a position to settle, they have already incurred so much in attorneys' fees, the barrier to settlement is too high to be achieved.

We believe common sense, business-oriented resolutions must recognize the value of avoiding litigation and allowing our clients to pursue their main business. Consequently, despite our willingness to aggressively pursue litigation when necessary, we work to actively settle all of our clients' disputes at the earliest opportunity and before substantial attorneys' fees are incurred.