By Michael Moffitt, February 8, 2012
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An examination of the theories underlying modem pleadings and dispute resolution literature reveals that there is a fundamental disconnect between what is required by a pleading and what negotiation theory suggests is helpful at the outset of a dispute. The author, while surveying the current functions of pleadings and modem negotiations, suggests a revision to the pleading rule, adding a pre-pleading conference, in order to bring modem pleading and dispute resolution principles closer together.
