People do not always solve their disputes without the aid of others. This article will discuss the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.

There are many factors that must be examined when determining whether litigation or ADR is the better path to follow. They include whether a contract with an ADR clause governs the parties’ relationship, the magnitude of the claims, the relative cost of litigation and ADR, the need for speed of resolution or delay, the need for a person with special knowledge to determine the claim, the need for injunctive relief, the desire to preserve a right to appeal, and whether the parties will have a continuing relationship after the dispute is resolved.