Alternative Dispute Resolution vs Trial: When to Settle, When to Fight

September 10, 2025

Lawyer mediating dispute, two litigants and businessmen in law officeLegal disputes often require a critical choice between settlement through Alternative Dispute Resolution or pursuing a trial. At Robert Eckard & Associates, we know that this choice affects not only time and money but also the long-term results for both businesses and individuals. While Alternative Dispute Resolution (ADR) typically offers greater efficiency and privacy than a trial, trials may provide better clarity of the evidence  and establish precedent when a ruling is necessary.

The question is not whether settlement or trial is better, but which option serves your interests and goals best. Some disputes benefit from private resolution, while others require a decisive courtroom strategy.

If you are considering this choice, we encourage you to contact our firm today to review your options.

What ADR Offers

ADR includes mediation, arbitration, and negotiated settlements. Mediation employs a neutral party to facilitate an agreement, whereas arbitration resembles a private trial with a binding decision. Both are generally faster and less expensive than litigation. The American Bar Association has noted that ADR commonly reduces costs and provides parties with more control over the outcome.

For businesses, ADR helps preserve relationships while avoiding public exposure. Our business litigation practice has resolved disputes through mediation for companies in Florida, saving time and resources. For those in need of a business dispute attorney, ADR often provides a direct path toward resolution without the disruption of lengthy proceedings.

When Litigation is Necessary

Despite its benefits, ADR does not always resolve disputes. Litigation allows parties to present full evidence in court, with a judge or jury making the decision. This may be the best option when the dispute involves fraud, criminal charges, or when the other party refuses to engage in meaningful negotiation.

For individuals facing criminal defense matters or white-collar charges, ADR is not an option. Trials provide the opportunity to directly challenge the evidence. Businesses accused of serious wrongdoing may also need the public clarity of a trial to protect their reputations. For clients requiring a business contract dispute attorney, a trial may be the only option that ensures a fair outcome if other options have been exhausted.

Costs and Timeframes

ADR is often chosen because of its efficiency. Mediation and arbitration can conclude in weeks or months, while trials may last years and require extensive resources. The shorter timeline and typically  lower costs of ADR make it appealing for many.

Still, cost should not be the only factor to consider. Certain matters are too significant to settle quietly. In cases where a company’s reputation is on the line, a trial ruling may be essential. When issues involving international law disputes are involved, arbitration may be a cost effective platform that provides a practical solution. When critical rights or long-term business interests are at risk, our guidance helps clients determine if litigation is the right path.

Practical Outcomes from Case Results

Our case results demonstrate that the choice between ADR and trial depends on strategy. We have guided clients through successful settlements that avoided disruption, and we have also secured courtroom victories when facts demanded it.

Examples include defending clients accused of breach of contract, fraud, and regulatory violations. Some resolved their matters efficiently through ADR, while others needed the decisive power of litigation. Each situation requires an approach based on risk, evidence, and goals. Clients seeking a business litigation attorney rely on us to make that evaluation together and pursue the path that best protects their interests.

Risk versus Reward

ADR reduces certain risks by keeping matters private and lowering expenses, but it may require compromise. A trial can provide a decisive ruling, but it also incurs higher costs and public exposure. Both carry weighty consequences, and the right decision depends on priorities.

Our firm works closely with clients to assess risk tolerance and objectives before recommending a strategy. A party accused of misconduct may prefer the public transparency of a trial to clear its name. Another business managing internal disputes may prioritize the confidentiality and efficiency of mediation. For clients in need of a business litigation lawyer, in Palm harbor, Florida, the  Tampa Bay area or through the United States, our role is to provide guidance that aligns legal options with long-term goals.

Next Steps in Resolving Disputes

When disputes arise, knowing when to settle and when to fight is crucial. At Robert Eckard & Associates, we provide creative and cost-conscious representation that protects what matters most. Whether through mediation or courtroom litigation, our focus is on delivering results that fit your needs.

If you are currently involved in a dispute, please contact us today to discuss the best approach for your specific situation.

Choosing the Right Resolution

Every legal dispute presents unique challenges, and the decision between ADR and trial can shape the outcome for years to come. Robert Eckard & Associates works with clients across Tampa Bay, the State of Florida and throughout the United States to determine when ADR is appropriate and when litigation is necessary. With proven results in business litigation, criminal defense, white-collar cases, and international disputes, our firm delivers practical and effective legal strategies. Trust our firm to analyze your situation and pursue the course that protects your future. Contact us today to put our attorneys to work on your behalf.

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What Our Clients Say

I hired Mr. Patterson (due to another attorney's referral) to handle what I viewed as a complex case. Because of Mr. Patterson's knowledge of the applicable laws and forethought of opposing counsel's strategy, I'm happy to say the outcome was "excellent." I generally do not post but Mr. Patterson absolutely deserves a well appreciated applause for his legal performance. That said, I also referred him to my sister which also had successful results. Thank you, Mr. Patterson.

As always, you (and BK) are rockstars! I couldn't be more grateful to have you both on my side. I appreciate all that you both do.

You are amazing! Thank you so much! I’ll give you a 5-star review, you’re the best!

I wanted to reach out personally to thank you for everything. Attorney Peter Tragos was correct that you were the right person for my case!

Drew Patterson is an exceptional, multifaceted attorney. He continually strives to understand the intricacies of our business and produce results. He is highly recommended.

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