Thinking Bigger Picture - When to Sacrifice the Benefits of Arbitration in Favor of Litigation

Many business managers include arbitration provisions in their companies’ contracts. The prevailing philosophy being that arbitration is preferable to traditional litigation via the court system because it’s private, speedier and less expensive. Under certain circumstances, however, a party may prefer to litigate a particular dispute in court even though it previously included an arbitration provision in the relevant contract. Smart Business spoke with Liebman about choosing traditional litigation despite the existence of an arbitration provision.