Billing by the hour without limitation has not always been the norm. It began around 1958 when lawyers discovered that hours were a product they could sell. Before the 1970s, lawyers were not under economic pressure to bill large number of hours at high rates. Quoting Michael Philippi of Ungaretti and Harris. “Beyond the Billable Hour,” Illinois Bar Journal February 2012 p. 80 et sec.
[1] “Most Cases Settle: Judicial Promotion and Regulation of Settlements,” Galanter, Marc; Cahill, Mia, 46 Stan. L. Rev. 1339 (1993-1994). Orey, Michael, “The Vanishing Trial: As Court Battles Become More Rare, Some Experts Fear the Effects on the Law,” Bus. Wek. April 30, 2007 at 38.
[1] Unknown source quote in an IBA Listserv email received by the author.
[1] Goodman-Delahunty, Jane, Granhag, Par, Hartwig, Maria, Loftus, Elizabeth, “Insightful or Wishful: Lawyers Ability to Predict Case Outcomes”, Psychology, Public Policy, and Law, 2010, Vol. 16, No. 2, 133-157.
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See Lurie, Paul, “The Importance of Process Design to a Successful Mediation” – Chapter 18 – AAA Handbook on Construction Arbitration and ADR – 2nd Edition, Juris Publications, 2010. This work cites the research showing that process design is the most important factor in successful outcomes. [Add Jonathan Marks article++++++++++++++++++
[1] See Kahnemann, Daniel, Thinking Fast and Slow, Farrar, Straus and Giroux 2011. Also see www.changingminds.org.
Guided Choice Mediation 