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Out of Court Dispute Resolution

On Discouraging Litigation

V
Victor
•
A
Alex

This publication examines the moral and practical wisdom behind discouraging litigation. It affirms our conviction that advocacy marches relentlessly to resolve disputes outside of court.

On July 1, 1850, White House secretaries affixed a date to a set of notes from our beloved Abraham Lincoln. In these notes, Lincoln said:

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”

Lincoln discouraged litigation, meaning that he did not want people to have their disputes processed in court. He wrote this to an audience of lawyers, likely because lawyers have great influence in directing how matters proceed, and that clients trust their lawyers to guide the course of their disputes.

Long before Lincoln’s time, Jesus Christ taught:

“Agree with your adversary quickly, while you are on the way with him, lest your adversary deliver you to the judge, the judge hand you over to the officer, and you be thrown into prison.” Matthew 5:25

Jesus too discouraged litigation. This time, however, He spoke to an audience of anyone involved in a dispute. Seek first to settle the dispute quickly outside of court. Otherwise, as Jesus forewarns, you will be delivered to the judge, handed over to the officer, and cast into prison. Both Lincoln and Jesus explain why you should avoid litigation. Lincoln’s reasoning appeals to the cost in fees, expenses and a waste of time; Jesus’s reasoning identifies the loss of freedom.

Lincoln chose his words carefully: neighbors, peacemaker, and good. For those words are also in Scripture:

“Why callest thou me good? there is none good but one, that is God.” (Emphasis supplied) Mark 10:18.

“Thou shalt love thy neighour as thyself.” (Emphasis supplied) Matthew 22:39.

We at Wandzel Law understand the importance of discouraging litigation and stand by this value. We share our reasoning much the same but specifically to each client. And to those who think we will stop at the threshold of the courthouse, remember Jesus’s forewarning, for we will pursue our client’s interests tirelessly and steadfastly.

January 2, 2026

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