Designing Business Disputes: How Shall We Fight?

Experienced lawyers are creatures of habit who can overlook that clients have the freedom to design dispute resolution procedures that work best for them, at any time. Even when business people have no contractually prescribed method for working out their differences and seem headed for court, they can take a pause and design an alternative, including mediation, a tailored form of arbitration, or a suitable hybrid.

Parties are always free to make and change their mediation and arbitration agreements. They should use that freedom. This can save them time, money, and a lot of aggravation. It just requires some intention and knowledge of the possibilities.

This article describes some of those alternatives and gives examples of how disputing parties have implemented them to everyone’s advantage.

• View on the Law.com site
• View the PDF