Practice Tips: Choosing Between Litigation and Arbitration
By , February 8, 2012
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The article suggests methods to determine whether to arbitrate or litigate a dispute. In contract disputes, the lawyer should ask who the contract favors, whether the area of the dispute would be better resolved by a judge or arbitrator, and how much discovery is necessary. If the client decides to arbitrate, the article encourages lawyers to be careful in drafting the arbitration agreement and selecting the arbitrator.
