This section contains 30 questions. Consider how your counterpart would answer this question. Consider how your counterpart would answer this question. It also includes indirect business disruption costs, such as diversion of the time and attention of executives, the potential effect of adverse publicity, and the likely effects on relationships with third parties.
Confidentiality is an important concern for at least one party.
When assessing discovery needs, both sides wish to avoid burdensome or intrusive full-blown court discovery. The central issues in this dispute are factual, but do not turn on the credibility of key witnesses. and turn on the credibility of key witnesses. The parties wish to control the outcome of the dispute by avoiding binding adjudication and the attendant risk of loss. Neither side needs a decisive legal precedent, a permanent injunction, or other court-administered remedy. See Questions to Assess Litigation v. Arbitration and Features of Litigation v. Arbitration .