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Weighing the Pros and Cons: Dispute Resolution Methods




by:
John S. Barr
McGuireWoods LLP - Richmond Office

 
June 19, 2007

Previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on July 2007

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.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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