These ten suggestions for litigation reform, if carefully considered and judiciously applied as the dictates of fairness warrant, might begin a process of restored balance between the rights of complaining individuals and the rights of employers. The goal must be equity – a fairness where no rights are given overriding prominence at the expense of other equally valid rights. We must realize that the granting of favorite status to particular rights does not take place in a vacuum. It has significant behavioral consequences that can in the long run produce much more harm to everyone in the system than the original isolated perceived problem that one at first wished to correct.

We must regain our faith in the basic equity produced by a free market. Although we must protect the most defenseless members of our society from severe harm, we cannot override the entire market in order to impose our sense of public good. We cannot let judges and juries impose their sense of "fairness" on every individual in our society, when collective society is much better equipped to impose such judgment. Litigation should not be our savior, but only a "necessary evil" we are forced to live with because of the inevitability of some conflict. The litigation system should exist as the option of last resort, intervening in the most grievous instances, while the economy of free choice governs the general progress of our society.