The lawyer charged with resolving a business dispute faces difficult choices. Some lawyers might envision a choice between two doors — one is marked “litigation” and the other is marked “mediation.” Typically, the lawyer evaluates whether to mediate or litigate a business dispute by calculating the costs and benefits of each option. In principle, a cost-benefit analysis makes sense. A business is a profit-making enterprise. The lawyer might quickly perform this calculation and choose the indicated door.

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