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Practical Considerations
Alternatives to litigation
- Creative Settlement Alternatives. The vast majority of civil lawsuits settle before reaching trial. Therefore, at the outset of any litigation, it generally is wise to consider whether settlement is feasible in light of your company's litigation objectives. IPH2 attorneys pride themselves on thinking "outside of the box" to identify creative settlement opportunities that increase the value for all parties involved.
- Arbitration. Arbitration is an adversarial process where the parties choose a neutral third party to resolve the dispute. The process generally is less expensive and less formal than a trial. Arbitration can be "binding" (neither party can appeal the arbitrator's decision) or "non-binding" and often results from an agreement between the parties.
- Mediation. Mediation is similar to arbitration in that a neutral third party is involved. Unlike an arbitrator, however, a mediator does not render a decision on the merits. The mediator often meets with each party separately to discuss their respective positions and then assists the parties in reaching a settlement.
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