When it comes to business disputes -- despite the urge by some litigants to want to defeat the other side (even destroy them) -- the relationship between parties can be more valuable and lucrative than "winning" the conflict.Â
Drawing on his decade on Florida's 11th Circuit bench and nearly 30 years in commercial litigation, Judge Alan Fine (ret.) of Private Resolutions offers a refreshing perspective on resolving disputes strategically and wisely, rather than destructively and emotionally.
The distinction between dispute resolution mechanisms forms the backbone of our discussion. Judge Fine discusses options available to businesses in conflict, from traditional litigation to mediation, arbitration, and the increasingly popular "private judging" programs now available in at least 30 states. He calls that last option "concierge justice." It is where parties select their own judge, secure expedited hearings, and avoid the unpredictability and inefficiency of overcrowded court calendars.
He outlines key differences between these approaches, particularly in confidentiality, efficiency, and the appeals process. Judge Fine stresses that the choice should align with the parties' objectives—especially if preserving the business relationship is a priority.
Judge Fine shared a real-world example of two business partners who faced a multimillion-dollar disagreement but recognized their partnership's value meant more than who won in court. By choosing a streamlined arbitration process, they resolved their conflict in just eight hours spread over two days, received a prompt ruling, and continued their successful business relationship without missing a beat.
Listen now to discover how strategic conflict resolution can protect your most valuable business partnerships while still addressing legitimate disagreements effectively.
Tom Hagy
Host
Emerging Litigation Podcast
Contact: Editor@LitigationConferences.com
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