Mediation vs. Arbitration: Resolving Your Commercial Dispute

Mediation vs. Arbitration: Resolving Your Commercial Dispute

By Burg Simpson
February 12, 2020
3 min read

Mediation vs. Arbitration: Resolving Your Commercial Dispute

Most commercial contracts have a provision stating that the parties will mediate disputes before taking the issue to arbitration or trial.  For those seeking to resolve a commercial dispute, it is important to know that litigation is typically expensive, time-consuming, public, and unpredictable. A trial’s outcome is always uncertain until the judge or jury renders a decision.  For these reasons, alternative and private methods of dispute resolution, such as mediation and arbitration, are becoming more common.

The main difference between mediation and arbitration is that mediation is a non-binding process that requires the parties to negotiate with the assistance of a neutral third party. The parties reach a resolution only after all sides agree. Conversely, arbitration can be a binding process where the arbitrator hears testimony, evaluates evidence, and then makes a decision.

Schedule a Consultation at Burg Simpson

If you have a commercial dispute, 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 mediation, arbitration, and litigation.

See Burg Simpson’s Mediation vs. Arbitration Video Here

David P. Hersh – Shareholder

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.

A skilled and experienced attorney, Mr. Hersh handles all aspects of commercial cases 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

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

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


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