Daniels Porco & Lusardi, LLP Daniels, Parco & Lusardi LLP
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The arbitration-or-litigation question is always a key query

The health care sphere is no different from other business realms in New York and nationally in that its participants – hospital administrators, doctors, insurers and myriad other actors – sometimes become embroiled in legal disputes that cannot be settled informally and amicably.

Affected parties in such cases often face hard questions concerning the best strategy to employ to resolve a contractual or other problem with a third party. There is more than one route that can potentially be taken. Every option needs to be timely and carefully considered.

Attorneys from a practiced commercial law firm can help with the process. Their utility in doing so is strengthened if they command proven experience helping clients resolve disputes through both formal litigation and so-called “alternative dispute resolution” methods such as mediation and arbitration.

The established legal team at Daniels, Porco & Lusardi closely examines all case-resolution options in every matter we undertake. The firm collectively brings many decades of on-point courtroom experience to bear on behalf of our clients. We note on our website, though, that we employ it “only after we have exhausted options for settlement through negotiation.”

That is important, because formal adversarialism playing out in a courtroom before a judge and jury can be a comparatively pricey proposition. Moreover, it can tie up a company and its key employees for years and render an unpredictable outcome that might reasonably seem more certain and favorable through an arbitrated process.

Having stated that, though, it is sometimes flatly the case that a commercial client is best served in a business spat when a well- prepared and experienced legal team opts for trial. A recent business article spotlighting the pros and cons of litigation and arbitration, respectively, stresses that “the rewards of going to trial outweigh the risks” in select instances.

Whether that is true in a given case can be best determined through a client’s close consultation with knowledgeable business attorneys.

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