An Overview of the General Counsel's Decision Making on Dispute-Resolution Strategies in Complex Business Transactions

摘要

This article is an overview of the hard choices that face a general counsel (GC). when weighing the pros and cons of whether and when a particular complex business dispute is better suited for litigation in the public courtroom or through a carefully constructed alternate dispute-resolution (ADR) process, including mediation and/or arbitration. Is either choice inherently more expensive, time consuming, or problematic than the other? The obvious answer is that each of these decisions is fact-intensive, dependent on myriad factors, and neither choice is "inherently" better or worse than the other.