You Are Safer In Litigation - I. Prologue

It is with considerable trepidation that I set out to defend "litigation" to Design Professionals (DPs), as a better method of resolving disputes than arbitration, in the light of my personal feeling that an increasing amount of America's productive process is being squandered in litigation. Newer methods of dispute resolution, particularly arbitration, are fashionable, and opponents of these schemes risk being viewed as cynical or self-serving. My quandary is heightened since for some smaller disputes, arbitration seems clearly the better choice. I must concede, for example, that when the cost of dispute resolution--i.e., the cost of the process (such as arbitrators fees, attorneys fees, etc.), plus the cost impact of the non-productivity of involved employees--approximates the amount of the dispute, controlling that cost may be as important as a correct resolution. This principle is particularly true for small disputes arising during the progress of a project; it is probably more cost-effective for all parties to resolve their disputes quickly than permitting the dispute to drag out.