Expert Analysis

How to decide between arbitration and litigation

By Aaron Rubinoff ( July 8, 2026, 3:52 PM EDT) -- Mediation doesn’t always end with a handshake. After 39 years of handling commercial and employment disputes, I can tell you that a failed mediation is not necessarily a failure of the process; often, it is useful information. It tells you something about where the parties actually stand, and it forces a decision that matters as much as anything that came before it: arbitration or litigation?...