Article: Arbitration or litigation: five factors to consider when making the choice.(U.S.)

Conventional wisdom poses that arbitration is a better way to resolve disputes than litigation. Depending on the identities of the parties, the type of dispute, and the amount at stake, however, an aggrieved party might fare better in court.

The decision to arbitrate or go to court is core to the strategy in many contract negotiations and in most commercial disputes. If the dispute involves technical issues or a small monetary amount, or if the parties want to preserve a commercial relationship, arbitration may be the better choice. If, however, the dispute is truly contentious and involves a complex legal issue such as the interpretation of a contract clause or ...

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