Cite as 3 Litigation Commentary & Rev. 53 (June/July 2010)

We need trials, and a steady stream of them, to ground our normative standards – to make them sufficiently clear [so] that persons can abide by them in planning their affairs – and never face the courthouse – the ultimate settlement.  Trials reduce disputes, and it is a profound mistake to view a trial as failure of the system.  A well conducted trial is a crowning achievement.