Dispute Resolution - Is There a Right Way?

摘要

Many years back, a lawyer I knew made an observation that goes someth.ing like this: "All construction disputes have one thing in common-they are ultimately resolved either by surrender, compromise, or litigation. Anyone familiar with litigation will tell you that litigation is generally the second least preferable way." Disputes and claims are something that we all must live with despite our best efforts to avoid them. How we choose to resolve our differences, however, is often something we can control. Because this choice can have a significant affect on what your project will ultimately cost, it requires careful deliberation. Before making the final decision to jump to litigation, pause for a moment and consider what that option holds for your future. Why? I am reminded of this other often-quoted definition of litigation, attributed to Ambrose Bierce and others: "Litigation is a machine which you go into as a pig and come out as a sausage."