Grounded in Good Business: Litigation vs. ADR

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Abraham Lincoln predicted the importance of litigation alternatives when he wrote, "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser— in fees, expenses and waste of time." Since statistics show that 97 to 98 percent of all disputes settle, it makes sense to approach disputes proactively and engage in mediation. Not only can mediation favorably impact the bottom line, it can also result in maintenance of a valued business relationship, and good public relations. If mediation does not work, arbitration may be more appropriate. Arbitration offers privacy, significant cost savings over litigation, as well as an option to choose an expert in the subject of the dispute. Litigation could be the best route if the party wants to go to trial, is strongly set in its position, or wants to set a precedent. Undoubtedly, each case has its own needs and one cannot advocate a particular dispute resolution process for every conflict. However, considering ADR as part of the overall dispute resolution strategy simply makes good business sense.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Julia Rybakova | Attorney Advertising

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