American businesses operate under a terrible misconception. Embroiled in dispute, their instinct is to exhaust every possible alternative to going to trial. Even where the risks are acceptable, they assume that the costs in time and money are not. As a result, they agree to settlements that do not maximize their interests. Or, they pursue arbitration, and other forms of alternative dispute resolution, that do not provide case finality, are not governed by totally settled methodologies, and are not backed up by governmental enforcement.