An experienced commercial law attorney who routinely handles diverse and complex matters for clients knows that arbitration is sometimes the best way to go to resolve business disputes.
At the same time, that advocate knows equally well that litigation is often the preferred route to pursue to effect optimal outcomes to commercial challenges.
The point: Neither dispute-resolving strategy can simply be invoked in advance of a hard look at the facts in a specific case. Arbitration in some instances commands clear advantages over a court-overseen venue to address and resolve contractual difficulties. Conversely, litigation can sometimes be an imperative for a client facing a business fight.
Our attorneys at the established commercial law firm of Berdon, Young & Margolis, PC, in New Haven understand that completely from long experience. We note on our website that, while there can be a strong disinclination for any client to go to court, "sometimes it is the right course of action." At the same time, many disputes can be best resolved "through negotiation, mediation and arbitration."
Which route is best?
Again, that depends on the facts, which should be carefully and timely considered in any given case. Optimally, a business principal will closely examine the strengths and potential drawbacks of both arbitration and litigation for his or her company in advance of conflict. Many factors will readily emerge as important, including costs, risks, the pace/speed of the process, autonomy and controls afforded the participants, privacy and more.
As noted in a recent article spotlighting the arbitration-versus-litigation query, "the answer is not black and white." Practiced business attorneys can help a business owner come to an informed decision concerning a dispute resolution strategy that will best promote a company's interests.