le*
SHAKE HANDS page 51
pute than filing a lawsuit."
Entire industries have already
adopted ADR in their standard
contracts, Mr. Schwartz noted.
For instance, the construction,
food, banking, insurance, com-
puter and securities industries
encourage disputes to be settled
through ADR rather than litiga-
tion.
Contributing to the emergence
of ADR are the public perceptions
that lawsuits are expensive, time
consuming and frustrating. In ad-
dition to lawyers' disenchantment
with the adversarial nature of lit-
igation, most judges have com-
plained about a burdensome
docket, fearing they're more of a
cog in the process than judicious
arbiters of what is fair and just.
The proliferation of lawsuits in
response to the efforts of Congress
and the courts to promote legal
remedies to preserve civil rights
was the subject of the 1994 best-
seller The Death of Common
Sense, by attorney Philip K.
Howard.
The preservation of "rights,"
according to Mr. Howard, has
splintered American society into
myriad special interests. Groups
are organized based on individ-
ual rights, rather than common
interest, he contends. Congres-
sional statutes or common law
have replaced general principles
of the ruling law. The effect,
writes Mr. Howard, is that Amer-
icans are drowning in rules and
laws.
Mr. Howard noted that dis-
crimination claims are up 2,200
percent since 1969, while civil-
rights claims account for 10 per-
Giving you a terrific package is what
Enterprise does best - especially on
weekends. Our wrapped car means you
get low rates, and even a free ride to the
Applies to a Cadillac rented from Fri. tin Mon.
fora 3-day total of $98.97 with unlimited miles
within Michigan, Ohio, and Indiana. Taxes,
excess mileage, and damage waiver at
$11.99 per day are extra.
Availability is limited,
so call for details.
rental office. So wherever your weekend
plans take you call Enterprise. And rent
the car that'll get you there.
M Enterprise
rent-a-car
Pick Enterprise. Well pick you up. -
Diamonds by the yard!
FOR RESERVATIONS OR INFORMATION IN WEST BLOOMFIELD
One of a kind,
one at a time.
STOCKS TAX-FREE 'BONDS MUTUAL FUNDS
T
A
X
E
X
M
P
T
U
F,
First of Michigan
Corporation
Members New York Stock Exchange, lux
FoM
INVESTMENTS
Herman Schwartz
Senior Vice President - Investments
PINE JEWELRY
T
T
▪
CUSTOM DESIGNS IN PLATINUM • GOLD • SILVER
▪
MAJOR DIAMONDS • PRECIOUS GEMS
▪
REPAIRS AND RESTORATIONS ON JEWELRY • WATCHES
U
S
T
6230 Orchard Lake Road, Suite 230
West Bloomfield, MI 48322
(810) 855-2100
1-800-654-1443
S
To find out
call
GEM NERO
pLarinum
PHASE FOUR
Certified Financial Planning Professionals
OLD ORCHARD MALL
S.E. CORNER OF ORCHARD LAKE ROAD & MAPLE ROAD
810-626-4484
A
L
P
L
A
N
G
TAX DEFERRED ANNUITIES IRA's MONEY MANAGEMENT
Is Your Financial House In Order??
NERO
N
A
(810) 559.6980
JOEL LEVI, CFP
TRISH WELLMAN, CFP
17117 West 9 Mile Road, Southfield, MI 48075
Phase Four Advisory, Registered Investment Advisor
Securities offered through Vestax Securities Corporation, Member, NASD & S1PC,
1931 Georgetown, Hudson, OH 44236 (216) 650-7660
"Litigation usually
destroys
relationships."
— Steven L. Schwartz
cent of the federal courts' civil
caseload. That doesn't even con-
sider the fact that discrimination
lawyers turn down nine of 10 em-
ployees who want to sue their for-
mer employers.
Since 1980, employment-dis-
crimination civil cases have in-
creased rapidly. The landmark
Toussaint v. Blue Cross, which
established an "implied agree-
ment" between employer and em-
ployee, opened the door that lead
to huge numbers of discrimina-
tion claims.
For the last 28 years, Joseph
Golden has represented employ-
ees in employment-discrimina-
tion cases. Mr. Golden, a principal
with Sommers, Schwartz, Silver
& Schwartz in Southfield, was
one of the founders of the Na-
tional Employment Lawyers As-
sociation. He contends that time
has come for ADR to take hold in
employment law.
"Trials just don't work," he
said. "We need to learn from his-
c:(
y