Lawsuits are incredibly painful. The emotional and time tax to be in one, regardless of what side you are on, is immense. I hear what this guy is saying. Howev

Lawsuits are incredibly painful. The emotional and time tax to be in one, regardless of what side you are on, is immense. I hear what this guy is saying. However, having been in three lawsuits, one of which I initiated, I would do the same thing as Slack. I would generally try to do anything reasonable I could to avoid a lawsuit. Arbitration or mediation (very different things) is almost always required anyways, by the courts, if you file a lawsuit. They make you try. At least they try to force a mediator. If you force arbitration, it's the same thing as forcing a lawsuit and would result in my immediate desire to resolve your issue without continued legal maneuvers. Anecdotally, and as I think most litigation attorneys would tell you -- People settle lawsuits because they are either out of time, or money. They almost never settle because they think they've lost the case. The merits of the case rarely matter once you are knee-deep in the litigation, but the toll a lawsuit takes does factor into a settlement decision quite often.