In an article published on October 5, 2023 by ACC Docket, Joel Christensen, senior assistant general counsel at ARCO Construction and Gregory S. Seador provide an overview of what companies must experience when deciding whether or not to litigate.
The article discusses how there must be an evaluation of the company’s goals, range of outcomes, risks and costs when making this decision. Christensen and Seador explain that, “Not all information collected when evaluating the merits will be admissible evidence at trial.” They continue by stating, “Determining what is admissible and what is not, and evaluating which evidence supports or undermines the company’s position, is critical.”
Mediation is also discussed, specifically how it should almost always be considered as an alternative to litigation, as it, “utilizes a neutral third party to facilitate a resolution on mutually acceptable terms.”
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