Recent International Surveys Shed Light on Why We Litigate, Even Though We Say We Prefer Mediation or Arbitration
Many business leaders and in-house counsel say that they strongly prefer alternatives to litigation. So why is litigation still the default process for most commercial disputes?
My previous Slaw column looked at the question of whether lawyers are “hijacking” mediation and arbitration. I speculated that one of the problems may simply be that lawyers are risk-averse. This leads them to follow the well-trodden path of litigation, rather than exploring less well-known alternatives.
Some recent research may shed light on the apparent disconnect between the dispute resolution parties say they want and what they actually do.