In the article on arbitration versus litigation that I mentioned in this post, a couple of the litigators interviewed noted wistfully that they’re almost never consulted about what dispute-resolution provisions to include in a given contract.
That raises a general question: Do you ever consult litigators when drafting? Do you think it adds value to do so?
It would seem sensible to consult litigators in this manner. But as there seems to be little consensus among litigators when it comes to dispute-resolution strategies, you might get all sorts of advice of uncertain reliability.