Law Commons^™

Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton

Faculty Scholarship

Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …