Question

1. What are some benefits of litigation and why would you as a business owner or manager choose to use litigation over alternative dispute resolution?

2. What are the downsides of litigation?

3. What are the benefits of the various forms of alternative dispute resolution? Provide 2-3 reasons why you as a business owner or manager would choose to use an alternative dispute resolution format (and name what type of ADR you would choose).

4. What are the downsides of the various forms of alternative dispute resolution?

5. Choose one business dispute from the news or the world around us and explain whether, if you were the owner of the business and had the option, you would choose to move forward with litigation or an alternative dispute resolution method. And why.

Answer 1

Ans 1) Some of the benefits of litigation are given below-

• When disputes are solved through litigation then there are public records of the same and one cannot do anything to destroy the other party's name.
• In litigation, one party cannot deny to participate as courts will fix some deadlines and give dates to appear before the judge and give their views.
• It will give results finally and it does not matter how long the case goes on but the court will give its decision while in other dispute resolution methods like the arbitration one cannot guarantee that result can be given as it may break in between by both the parties but in litigation this thing cannot be done as the decision will be given by the judge.
• Litigation gives the parties to use precedent to make their arguments stronger. Precedent means the similar cases which have been solved before and thus the parties could use them to win their cases.

As a business owner or manager, I would choose to use litigation over alternative dispute resolution because in alternative dispute resolution I would have to find a person who is expert in solving such disputes which may take time or it may be like that the other party may give money to the arbitrator for ruling in favor of them and I may not get my desired results and so if I go for litigation at least such kind of thing will not happen as I will have my lawyer who will work for me and it will be public record too which means that the other person cannot do anything illegal to destroy my business name.