Arbitration or litigation?


There are various ways to settle a legal dispute. Arbitration, litigation and informal negotiations are all ways in which a legal dispute can be resolved. Deciding on whether to use arbitration, litigation or informal negotiation to resolve a dispute will depend on the nature of the dispute. For example, in some cases litigation may be the only option. Litigation may be the only viable form of dispute resolution if:

  • Negotiations between the two parties have reached a stalemate
  • The other party is not likely to co-operate in arbitration or other settlement proceedings
  • The dispute involves complex legal points and evidence
  • One party is seeking a specific remedy which can only be granted by a court of law

In other scenarios, arbitration or informal negotiations may be more suitable than litigation. One example might be if both parties want the dispute to be resolved as cost-effectively and quickly as possible. In most cases concerning commercial disputes arbitration and other out-of-court negotiations should be used to try to resolve the matter. If they prove unsuccessful, there is nothing stopping either party from commencing litigation proceedings.

Whether you use arbitration, litigation or negotiation to settle a dispute, you should always seek legal advice in relation to the dispute. Not only will a litigation lawyer be able to advise you on the law, they will provide you with practical solutions to your problem. You should seek legal advice as soon as a legal dispute arises.

If you would like to obtain legal advice and information on arbitration and litigation, Caven can put you in touch with a local specialist civil / commercial litigation solicitor free of charge. So, if you have any questions or would like our help in finding local civil / commercial litigation solicitors please call us on 08001 221 2299 or complete the web-form above. 

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