Arbitration vs. Court: What’s Best for Your Business Dispute?

Episode Summary

In this episode of In the Courtroom and the Boardroom, attorney Colleen McKnight, founder of McKnight Law, unpacks one of the most important questions business owners face when drafting contracts: Should disputes be resolved in court or through arbitration?

Colleen explains the key differences between these two approaches, including privacy, cost, flexibility, and the potential risks of waiving the right to a jury trial. She highlights common misconceptions about arbitration—such as the belief that it is always faster and cheaper—and shares why small businesses may often be better off in court.

From the pros and cons of arbitration clauses to the real-world consequences of limiting public trials, Colleen offers practical insights to help business owners make smarter, more strategic decisions when negotiating contracts.

Key Timestamps

00:00 – Introduction: Colleen McKnight sets the stage for the discussion on arbitration vs. court.
01:30 – What is arbitration?: Understanding how private arbitration differs from the court system.
03:15 – Why businesses include arbitration clauses: Common contract provisions and their impact.
06:00 – Pros of arbitration: Privacy, flexibility, and selecting your arbitrator.
09:00 – Why arbitration may not help small businesses: Costs, delays, and challenges with urgent disputes.
11:30 – Misconceptions about arbitration: Speed, expense, and the risk of “splitting the baby.”
14:15 – Negotiating arbitration clauses: When you can push back and when you cannot.
17:30 – Public trials vs. private arbitration: When companies may benefit from keeping disputes open to the public.
19:00 – Final advice: How to weigh arbitration against court and make the best decision for your business.

About the Show:

In the Courtroom and the Boardroom with Colleen McKnight helps business owners tackle legal challenges with confidence. As a seasoned trial lawyer and founder of McKnight Law PLLC, Colleen provides practical, plain-English guidance on how to navigate disputes, mitigate risk, and stay focused on growth—even in the face of litigation.

Learn More:

Visit mcknightlaw.us to connect with Colleen or schedule a consultation.