Resolving Legal Disputes in the United States: Litigation, Arbitration or MediationOn June 5, 2014 by Schnader
As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S. court system. There are, however, alternatives to litigation. The two most common types of alternative dispute resolution are arbitration and mediation. Arbitration clauses are commonly found in many types of commercial contracts in which the parties agree on the rules governing where, how and by whom a dispute will be resolved. Parties also can choose to engage a neutral person to act as a mediator to help the parties find a solution to their dispute. It is important to understand the advantages and disadvantages of each in order to determine whether to resolve a dispute through litigation, arbitration or mediation.
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