Kellen Scott article on "Arbitration vs. Litigation: Which is the Best Forum for Your Legal Dispute?"
In a recent Shale Magazine article, Kellen Scott, shareholder in our Houston Labor & Employment and Commercial Litigation practices, highlights some of the more consequential advantages and disadvantages of arbitration and litigation.
“When drafted and implemented properly, arbitration can have significant advantages over litigation,” said Scott. “It can be faster, less expensive, and confidential. The process can also offer more flexibility than litigation and be designed to fit the specific needs of the parties and their dispute. (…) And, as civil courts continue to be overloaded due to crowded dockets, understaffing and pandemic-related delays, parties may continue to turn to arbitration as their preferred forum to resolve their legal disputes.”
But, as arbitration expenses are increasingly on par with the price tag of litigation, and given other advantages, litigation may still be the preferred dispute resolution forum. Companies should always carefully consider all factors before deciding whether arbitration or litigation is best for them.
To learn more, read the full article here.