alternative dispute resolution
The conventional wisdom among many business owners is that arbitration is more efficient than litigation, and that mandatory arbitration clauses should be included wherever possible. Like most generalizations, however, the truth is not so simple.
Reliable data on the percentage of women mediators and arbitrators or the frequency with which they are chosen to serve compared to men is hard to come by.
In the face of possible litigation, counsel’s decision whether to invoke an arbitration or mediation clause typically involves a complex consideration of cost, timing, fairness, contractual obligations, impact on the desired outcome, the ability to prevail against the other party, and reputational effects on business and consumers.