Article · Dispute Resolution
Choosing a Dispute-Resolution Forum: Litigation, Arbitration, and Mediation Compared
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-10-24
- Topic
- Dispute Resolution
The most consequential decision in most commercial disputes is the forum, and it is usually made years before a dispute exists, in a contract paragraph nobody reads closely. This UpLaw research guide compares litigation, arbitration, and mediation across the trade-offs that actually drive the choice: cost, speed, privacy, discovery, finality, and cross-border enforceability. It explains how the Federal Arbitration Act renders awards nearly unappealable, why Concepcion and Epic Systems put class waivers into almost every consumer and employment contract, how claimants turned those waivers into mass-arbitration liability, and how the New York Convention makes an arbitral award collectible across 170-plus countries when a court judgment is not. It maps mediation's confidentiality and privilege patchwork, compares the AAA, JAMS, CPR, and FINRA, and closes with an ordered forum-selection framework, worked hypotheticals, drafting guidance, and a research-grade FAQ.
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