There can be all kinds of different disputes. And a dispute is simply a disagreement between two parties. The question is, does it escalate or not? My job, more often than not, involves two people disagreeing about something. And the question is, do you jump from just having a negotiation to total war?

von Clausewitz said, “War is just diplomacy by other means.” The question we have here is – litigation is a lot like war. Do you just jump right to war? Well, that’s stupid. I believe you should engage in a graduated response to try and negotiate between the parties first. If that doesn’t work, maybe bring the lawyers in behind the scenes. Then, maybe bring the lawyers in directly. Then, maybe write some letters that might not be too nice, but maybe you can get there.

If you jump from the initial stage to litigation like that, you’ve lost all those opportunities to resolve the dispute before you get there. Now, I’m personally known for being sort of an aggressive guy. But that’s when you get to here. If you’re going to go to war, you win, right? If you go to war, it’s a different deal, and you’re going to win. But there are decision points all along there in dispute that can avoid that uncertainty and pain that’s inherent in war and litigation.

And that’s my philosophy of handling disputes, whether it’s a contract negotiation or a building fell down. I mean, that’s how you have to work it out. And each one gives you an opportunity to avoid the end, but if your end – you win.