Frequently Asked Questions
When should a business consider litigation versus arbitration for commercial disputes?
Businesses should consider litigation when seeking public vindication, establishing legal precedent, needing extensive discovery powers, or when contracts lack arbitration clauses. Court proceedings offer appeal rights and established procedural rules. Arbitration works well for faster resolution, confidentiality needs, technical disputes requiring specialized arbitrators, and international disputes. Consider factors including costs (arbitration often costs more upfront but less overall), time constraints, relationship preservation needs, and enforceability requirements. Many contracts mandate arbitration, limiting choice. We analyze each situation to recommend the most advantageous forum based on your business objectives and dispute specifics.