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A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other agreement that cannot be resolved by negotiation or mediation, the agreement may obligate the parties to litigate before a particular court or to arbitrate. In the absence of a mandate, the parties will have to litigate, unless they both agree to arbitrate. This option may be used, but it is unclear how often. In the