When a civil dispute arises, a lawsuit is not your only choice. There is a range of options, from informal talks to a full trial. Each one differs in cost, speed, privacy and how much control you keep. This guide walks through them in order.
1. Negotiation
Negotiation means the parties talk directly, or through their lawyers, to reach a deal. It is the fastest and cheapest option when both sides are willing. Its weakness is that nothing forces either side to agree.
2. Mediation
In mediation, a neutral mediator helps the parties find common ground. The outcome is voluntary, and the process is private. Many people now use online mediation to avoid travel and scheduling problems.
3. Arbitration
In arbitration, a neutral arbitrator reviews the evidence and issues a decision. In binding arbitration that decision is final and enforceable. online arbitration lets you file, upload evidence and receive an award without attending a courtroom.
4. Litigation
Litigation is a lawsuit decided by a judge or jury. It offers formal procedures and a right to appeal, but it is usually the slowest and most expensive path, and court records are public.
How to choose
- Want to keep the relationship: start with negotiation or mediation.
- Need a final decision quickly: consider binding arbitration.
- Need a public ruling or an order a court must enforce: litigation may be necessary.
- Contract has an arbitration clause: follow the clause first.
You can combine methods
Many disputes use more than one step. A common path is to negotiate first, try mediation if talks stall, and move to arbitration if no agreement is reached. Read our comparison of binding and non-binding arbitration to see how final decisions work.
Getting started
If you are ready to take the next step, review the rules and forms and start your case in the eFile portal.
