Firm-Wide blog

Arbitration vs. Litigation: Choosing Your Legal Strategy

By David Hersh
January 16, 2020
3 min read

Arbitration vs. Litigation

Choosing Your Legal Strategy: Don’t Bring a Knife to a Gunfight.  

Arbitration may offer a viable alternative to litigation, but consumers should consider many factors before signing documents that waive their right to have their case heard in a court of law. When you and your attorney are deciding whether to arbitrate or litigate your legal matter (often a decision that is made long before a dispute arises, such as when the contract is being negotiated), it is important to consider the pros and cons of each forum so you can structure your legal strategy appropriately and maximize your opportunity for a successful outcome.

Schedule a Consultation

Discuss your legal matter with a Burg Simpson attorney who has years of experience in mediation, arbitration, and litigation. The Colorado commercial trial lawyers at Burg Simpson will meet with you to discuss the details of your dispute.  It is essential you know your rights and options before making any decisions. Contact us at Burg Simpson to schedule a consultation by calling at (720) 500-5825

Strategizing with the Experts

Shareholders David P. Hersh and David K. TeSelle are trial lawyers who chair the Burg Simpson business and commercial litigation department. Mr. Hersh and Mr. TeSelle handle legal matters associated with litigation and arbitration. Burg Simpson’s Complex Commercial Trial Team includes over a dozen of the best trial lawyers in the country.

See Burg Simpson’s Arbitration vs. Litigation Video Here

David P. Hersh –

Shareholder & Co Practice Group Leader for Commercial Litigation

Mr. David P. Hersh focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Mr. Hersh has tried well over 145 civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation.

A skilled and experienced trial lawyer, Mr. Hersh excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.

David K. TeSelle –

Shareholder & Co Practice Group Leader for Commercial Litigation

Trial Lawyer David K. TeSelle is a Colorado and Arizona licensed attorney who has successfully tried numerous cases to jury verdicts in both state and federal court, as well as private arbitration.  Mr. TeSelle was a lead counsel in 2019 on one of the largest personal injury jury verdicts in Arizona history ($58.5 million). He has also successfully battled the largest banks in the world including in litigation related to the 2008 economic collapse (the so-called “Big Short” cases) and regularly represents numerous plaintiffs in large class action and mass tort actions against corporate bad actors, large and small. Mr.TeSelle has represented both plaintiffs and defendants, and his focus is on complex trial litigation. Mr. TeSelle has recovered hundreds of millions of dollars for his clients.

About Burg Simpson

Business and corporate litigation issues can be highly complex, expensive, and time-consuming. Burg Simpson’s commercial trial attorneys are available to discuss your legal matters. Burg Simpson will work with you to find the most effective resolution to your business or commercial legal matter.  Call Burg Simpson at (720) 500-5825 or fill out our FREE CASE EVALUATION form to obtain the expertise only a highly-skilled business litigation lawyer can provide.




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