Litigating commercial disputes is generally considered a
necessary evil by some and a waste of time and money, by others. I
have never heard anyone except trial lawyers say that they are
truly happy about being in a good lawsuit.
Most commercial enterprises attempt to avoid litigation at all
costs. As a result, the majority of business disputes are resolved
short of the courtroom door. Given the current complexities of the
litigation process, the costs of litigation and the enormous
distraction and waste of time for management and staff, many
businesses look for alternatives to a civil lawsuit. These include:
arbitration, mediation and other forms of alternative dispute
resolution (ADR). Some just do not bother to sue at all. While it
is true that most commercial disputes settle, some cases simply
cannot and should not be settled.
