People do not always solve their disputes without the aid of others. This article will discuss the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.

There are many factors that must be examined when determining whether litigation or ADR is the better path to follow. They include whether a contract with an ADR clause governs the parties’ relationship, the magnitude of the claims, the relative cost of litigation and ADR, the need for speed of resolution or delay, the need for a person with special knowledge to determine the claim, the need for injunctive relief, the desire to preserve a right to appeal, and whether the parties will have a continuing relationship after the dispute is resolved.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]