For more years than I can count, I have been a commercial arbitrator with the American Arbitration Association. Because of my technical and business background most of my cases involve technology. In that time, I have seen many instances of David versus Goliath, where a very large and a much smaller company struggle to resolve their disputes.
I have seen articles where commentators express disdain for the process. I think they're wrong. Mediation and arbitration are informal processes that can resolve disputes much more quickly and with simpler rules of conduct than when they are dealt with in a court setting. More importantly, they can be final, with no appeals. This can be a huge advantage if you're the small guy.
So if you run a company, I strongly recommend inserting an arbitration clause in any contract. They simply state that if there is a dispute that can't be resolved by negotiation, that either party can call for an arbitration.
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