In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
This first installment of a two-part column, written by Benesch Litigation Group partner Steven Badger, outlines the principal considerations in determining what disputes are best suited to arbitration. The second part, coming in the Jan. 16 issue of Indiana Lawyer, applies these general principles to provide concrete guidance in the use of arbitration to avoid consumer class actions and in other “bet-the-company” commercial disputes.
Labor & Employment Developments 