Arbitration or Litigation? Which is Better for my Company?

Overview: 

This presentation compares and contrasts arbitration and litigation.  We begin by discussing what arbitration involves, the available arbitral bodies, and the procedures that apply.  We then discuss litigation in federal, state and business courts.  The presenter shares his 33 years of experience litigation to review the advantages and disadvantages of each forum.  Both methods of dispute resolution are compared across the dimensions of costs, time, certainty and accuracy.  The presenter offers guidance on which approach work for business disputes and which approach is better when dealing with consumers.  The presentation closes with a discussion of what language to include in contracts to ensure the chosen approach will be used.

Course Objective: 

• Understand how arbitration works and the types of arbitration.
• Understand litigation and how the court handling the litigation impacts speed and costs.
• Compare the cost of arbitration and litigation.
• Compare the timelines for arbitration and litigation.
• Understand the business factors that weigh in favor of each approach.
• Draft contract provisions calling for the selected dispute resolution approach.

Target Audience: 

• In-house Lawyers 
• Risk Managers
• Contract Drafters

Basic Knowledge:

no prior knowledge required