Firm-Wide blog

Resolving Business Disputes: Mediation, Arbitration, or Litigation? 

By Burg Simpson
March 4, 2022
7 min read

Mediation, Arbitration, or Litigation? 

Choosing the Best Venue to Resolve Your Business Dispute

Businesses operate under the direction of a regulatory system that includes federal, state, and municipal laws. When business owners encounter legal issues that threaten their organization, they need not face the challenge of litigation on their own. If you are a sole proprietor, a family operation, or a multi-national corporation facing a potential lawsuit, you should consult with legal counsel right away. Obtaining sound advice from an experienced business and commercial litigation attorney who has the skill and expertise to navigate the intricacies of your legal matter can give you the peace of mind you need to focus on the success of your operation.

Common Business and Commercial Disputes 

There is a wide variety of legal issues that business owners face, but the most common commercial matters include:

  • Breach of contract: A breach of contract occurs when one party fails to fulfill the terms of a contract without a valid legal reason.
  • Consumer fraud: Consumer fraud occurs when intentional misrepresentations of fact are made during a business transaction, and the party who relied on those facts suffered as a result.
  • Breach of fiduciary duty: A fiduciary duty exists between two parties when one party has a legal obligation to act exclusively for the benefit of the other party. A breach of duty is when someone fails to fulfill their legal obligations to someone else or when they are entrusted to act for the benefit of another, and they fail to act appropriately. A fiduciary duty exists in many business relationships, including those between a board of directors and its shareholders or a financial institution and its clients.
  • Corporate governance disputes: Disputes among business partners can be complicated affairs. They can include arguments over responsibilities, the division of assets and liabilities, intellectual property ownership, buyout agreements, decisions about how the business will be dissolved, or post-separation arrangements. When emotional reactions further complicate financial issues, it is always wise to have experienced legal counsel on your side.

Finding Solutions to Business Disputes

When business owners are threatened with legal disputes, resolution can often be achieved through mediation, arbitration, or litigation. Your attorney can help you to identify the best venue for resolution.

  • Mediation: 

Mediation is an alternative form of dispute resolution. During mediation, an impartial third party facilitates communication between the parties to reach a reasonable, mutually beneficial decision. Mediations are typically kept confidential, and the costs associated with mediation are generally lower than arbitration or litigation.

  • Arbitration: 

Per the parties’ agreement, arbitration can be compulsory or voluntary, and the results are rarely appealable. While arbitration is generally more expensive than mediation, it is often much quicker than going to trial, and like mediation, the results can be kept confidential.

  • Litigation: 

If the parties cannot resolve their legal matter by employing alternative methods of dispute such as mediation or arbitration alternatively, the parties can take the case to court. When a case goes to trial, it is decided by either a judge or a jury. Litigation can be costly time-consuming, and everything presented in court, including financial records, may be subject to public view.

Schedule a Consultation with a Skilled Attorney Now

If you are working to resolve a business dispute, it is important to know that every case is unique. When facing a business litigation issue, you need to be represented by an attorney with decades of experience in resolving business disputes via mediation, arbitration, and litigation. The Colorado commercial litigation lawyers at Burg Simpson will discuss the details of your legal dispute with you and present the best options to resolve your legal matter.

Contact Burg Simpson for Help Now at 888 895 2080

Burg Simpson’s Commercial Litigation Trial Lawyers

Dave is a shareholder and the firm’s Commercial and Business Litigation Practice Group co-leader. He 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. For more than 35 years, Dave has focused his practice on civil trial work. He thrives on handling complex civil cases in State and Federal Courts around the country, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 100 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues. Dave is admitted to practice in Colorado and Wyoming and numerous Federal Courts, including the United States Supreme Court.

Burg Simpson shareholder David K. TeSelle is the firm’s Commercial and Business Litigation Practice Group co-leader. Mr. TeSelle has successfully tried numerous cases to jury verdicts in state court, federal court, and private arbitration and practices before the U.S. District Court for the District of Colorado and the U.S. Court of Appeals 10th Circuit. In 2019, he was lead counsel on one of the largest personal injury jury verdicts in Arizona’s history and secured a judgment of $58.5 million. He also represents and provides guidance to state and federal whistleblowers under the False Claims Act (Qui Tam Actions) when they expose fraud against state and federal governments. Following the 2008 economic collapse, Mr. TeSelle battled some of the nation’s largest banks in litigation regarding “The Big Short” cases. He is currently a lead lawyer among a consortium of lawyers seeking fair compensation for “Gold Star Families,” Veterans, and their families killed or injured in terror attacks while serving in Iraq. Mr. TeSelle has represented both plaintiffs and defendants throughout his career and has recovered hundreds of millions of dollars for his clients.

About Burg Simpson Eldredge Hersh & Jardine

One of America’s foremost plaintiff trial firms, Burg Simpson Eldredge Hersh & Jardine, has a longstanding national reputation for fighting relentlessly and successfully for victims of negligence, malfeasance, malpractice, and abuse. Our award-winning attorneys have never hesitated to fight for our client’s rights and consistently face and defeat formidable adversaries, including big insurance companies, big banks, and big pharma. As a result, Burg Simpson has secured more than $2.7 billion in verdicts, settlements, and judgments in practice areas spanning catastrophic personal injury, mass tort and class actions regarding gas explosions, dangerous pharmaceutical drugs and devices, medical malpractice, complex commercial and business litigation, construction defects, and workers’ compensation. The firm’s success has also included over 200 recoveries of more than $1 million.

Burg Simpson was founded in 1976 by distinguished American trial lawyer Michael Burg. Mr. Burg is an inductee in the Trial Lawyer Hall of Fame and a recipient of the Clarence Darrow Award. He has also been named to the 2016 RoundTable: America’s 50 Most Influential Trial Lawyers by The Trial Lawyer magazine; Law Week’s “Barrister’s Best” as “Best Civil Litigator”; and one of “America’s 50 Leading Trial Lawyers” by the U.S. Legal 500. Mr. Burg has also been recognized by Best Lawyers in America® and Super Lawyers®. Burg Simpson Eldredge Hersh & Jardine now has 70 lawyers and over 90 legal professionals. The firm is based in Colorado and has offices in Arizona, Florida, Nevada, New Mexico, Ohio, California, and Wyoming.

Schedule a Consultation Now

Contact Burg Simpson for a free case evaluation at or call us now at 303-792-5595. Our business and commercial litigation attorneys are here to help you resolve your legal matter in the best way possible.




Free case evaluation form