Mediation or Litigation? Choosing a Path to Resolve Disputes

Disputes can consume time, money and management attention. The appropriate resolution process depends on the facts, the relief sought, the parties’ relationship and any contractual dispute-resolution clause.

Consider negotiation and mediation

Negotiation and mediation may provide a structured opportunity to reach a mutually acceptable settlement while maintaining greater control over the outcome.

Understand arbitration

Where arbitration is available and appropriate, parties should understand the applicable agreement, rules, costs and potential enforcement implications.

When court proceedings may be necessary

Litigation may be required where urgent relief is needed, settlement is not achievable or a binding judicial determination is appropriate. Early assessment can help clarify options and risks.

This article provides general information and is not a substitute for advice on a specific matter.