Firm-Wide blog

What is the Best Forum for Your Legal Dispute?

By Burg Simpson
May 27, 2020
4 min read

While every legal dispute is different, and each matter should be decided in a manner that considers the law and the facts of the case, it is also important to know that the individuals who are appointed to decide the matter, and where the case is heard, can affect the outcome.

Choosing Between Arbitration v. Litigation:


Arbitration is a private, confidential, and out-of-court alternative method of dispute resolution where the parties seeking resolution are required by an agreement to use a third party who will decide the matter. By agreeing to arbitration, the parties agree to waive their right to a trial by jury. The arbitrator considers the arguments of both parties, reviews the evidence provided, and makes a decision. Unless otherwise agreed, the arbitrator’s decision is legally binding and cannot be appealed, except in very limited circumstances.


Litigation is a formal process where the legal matter is brought before a court of law and, often, a jury. Litigation is a public proceeding before a judge in the district with jurisdiction over the matter. Litigation can be a “bench trial” wherein the Judge renders his or her decision on the issue after considering the arguments, evidence, and facts presented by the lawyers who represent the parties. Litigation can also be a “jury trial” wherein the Judge supervises a jury of the parties’ peers in making the decision. Following a trial, certain errors in the process can be appealed by the litigants.

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Choosing Your Method of Dispute Resolution

Arbitration may provide an alternative to litigation, but consumers should consider many factors before waiving 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, it is important to consider the pros and cons of each forum, so you can coordinate your legal strategy and increase the likelihood of a successful outcome.

Consulting with the Experts at Burg Simpson

You can schedule a free consultation with an experienced attorney at Burg Simpson to discuss your legal matter. Our Colorado Commercial Litigation Lawyers will meet with you to evaluate the details of your legal dispute and help you to understand your rights and options.

Scheduling Your Consultation

Shareholders David P. Hersh and David K. TeSelle are the practice group leaders of Burg Simpson’s business and commercial department. Mr. Hersh and Mr. TeSelle handle legal matters associated with litigation and arbitration.

Contact Burg Simpson to arrange a free consultation by calling 303-792-5595.

About David P. Hersh 

Shareholder & Co Practice Group Leader for Commercial Litigation

David P. Hersh focuses his legal 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.

About David K. TeSelle 

Shareholder & Co Practice Group Leader for Commercial Litigation

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 in the Big Short” cases, and regularly represents numerous plaintiffs in large class action and mass tort actions against corporate bad actors. Mr.  TeSelle focuses his legal practice on complex trial litigation and has recovered hundreds of millions of dollars for his clients.

About Burg Simpson

Business and Commercial Litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, breach of fiduciary duty allegations, and shareholder issues. These issues can be highly complex, expensive, and time-consuming. Burg Simpson’s lawyers will work with you to find the most effective resolution to your business or commercial legal matter.  Call us at Burg Simpson: (303) 792 5595 or fill out our FREE CASE EVALUATION form to obtain the expertise only highly-skilled business litigation lawyers can provide.


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