In commercial mediations, I often discuss the risks of litigating a case with my clients.  Going before a judge or jury presents a lot of unknowns and risk.  This is not much different than taking a trip to a casino, where the outcomes are uncertain.

Following on the methods of a Florida judge, Senior Federal District Court Judge Marvin Schoob in Atlanta has ordered two attorneys arguing over the location of a desposition in a civil case to use “a new form of Alternative Dispute Resolution….counsel shall engage in one (1) game of  ‘Rock, Paper, Scissors.'”