Beyond the Courtroom

Litigation is slow, public, and expensive. Alternative Dispute Resolution (ADR) offers a private, efficient path to resolution.

Arbitration vs. Litigation

Arbitration allows parties to choose industry-expert adjudicators and keep proceedings confidential—a key advantage for IP and technology disputes. However, rights of appeal are limited, making the drafting of the arbitration clause critical.

Mediation as a First Step

Multi-tiered dispute resolution clauses, requiring mediation before arbitration, are becoming standard. Mediation preserves business relationships by focusing on interest-based solutions rather than rights-based adjudication.

Online Dispute Resolution (ODR)

For lower-value claims, ODR platforms are streamlining the process. We are seeing more contracts incorporate ODR mechanisms for efficient resolution of consumer and supply chain disputes.