Weighing the Pros and Cons: Dispute Resolution Methods

Martindale-Hubbell posed the following question to provide a variety of views on  this important topic:

What should be my primary considerations in choosing a particular dispute resolution  strategy?

The primary consideration is “the consequences of losing”; not just the case at hand, but the impact losing will have on future similar disputes, business operations, reputation and business strategy. Arbitrators tend to base decisions on concepts of equity, can be arbitrary and there is no appeal. Litigation demands application of the rule of law and provides an opportunity to appeal a trial court disaster. Mediation allows for creative solutions, where litigation and arbitration serve up a number, often intolerable. Think through the end game before you pick your field of play.