Tag: Litigation
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Introduction: The Clause Almost Everyone Signs—and Few Understand As lawyers who routinely review contracts, advise clients, and litigate disputes, we encounter mandatory arbitration clauses almost daily. They appear in employment contracts, consumer agreements, bank forms, mobile apps, insurance policies, and even hospital admission documents. Most people sign them without negotiation. Many do not even notice…
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The honest answer—grounded in experience, judicial authority, and academic critique—is yes. ADR is a powerful tool, but it is not morally neutral, nor is it automatically fair. When applied without safeguards, transparency, or regard for power imbalances, ADR can quietly produce outcomes that undermine justice rather than advance it. This article explores when and how…
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Introduction: Why ADR Needs an Honest Conversation Over the past two decades, Alternative Dispute Resolution (ADR) has been widely promoted as the cure-all for the perceived failures of litigation. Courts encourage it. Policymakers endorse it and reflect overwhelming interest in mediation and arbitration as faster, cheaper, and friendlier alternatives to court. Yet, as lawyers with…
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Introduction: Why This Question Matters More Than Ever Over the last two decades, Alternative Dispute Resolution (ADR) has been promoted worldwide as a faster, cheaper, and friendlier alternative to litigation. Courts encourage it. Governments support it. Lawyers recommend it. Google searches reflect it. Yet, as experienced legal practitioners, we must be honest with the public…
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Introduction: The Cost Question at the Heart of Modern Justice One of the most searched legal questions globally today is: “Litigation vs ADR: which saves more money?” As lawyers who advise clients across different types of disputes—commercial, family, employment, and civil—we can say with certainty that this question reflects a real and growing concern. Legal…
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Introduction: Why Litigation Costs Must Be Managed, Not Feared As practicing lawyers, we have learned a crucial truth through years of advocacy and advisory work: litigation is expensive—but it does not have to be financially destructive. One of the most persistent myths among litigants is that once a dispute enters the courtroom, cost control is…
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As lawyers, this is one of the most frequent and emotionally charged questions we encounter. Clients ask it before filing a lawsuit, during proceedings, and often after judgment—sometimes with regret. The short answer, drawn from years of professional practice across multiple dispute types, is yes—litigation is expensive. But the more accurate answer is nuanced: litigation…
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As lawyers who have spent years advising clients, filing actions, defending claims, and standing before courts, we can confidently say this: litigation is not always the best solution to every dispute. While litigation remains the backbone of formal dispute resolution worldwide, it comes with significant shortcomings that are often underestimated by litigants at the outset.…