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Litigation and Arbitration in Court

Compare and contrast the differences between litigation in the court system with arbitration and other forms of alternative dispute resolution. Identify the advantages and disadvantages of each.
Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate.

Solution Preview

I chose the first question. I cannot write the essay, but I can point you to references and also, the main points to cover in your paper. I hope this helps. You should be able to include two court cases, one for each and a paragraph or two of examples to complete the essay. If you need any further help or have any questions, please ask.

Compare and contrast the differences between litigation in the court system with arbitration and other forms of alternative dispute resolution. Identify the advantages and disadvantages of each.

Sample introduction

In most cases, the use of arbitration and other forms of alternative dispute resolution such as mediation, the costs are lower and the issues are resolved in a timely manner. In these cases, the parties also take part in the resolution. This is especially true with mediation, a party driven solution method providing, at least in theory, a win-win outcome. Arbitration or alternative dispute resolution clauses are often part of contracts of all types.

Court litigation

Court litigation is costly and requires the use of attorneys. Court costs, costs for attorneys, and other evidence gathering is expensive. However, court decisions are considered final. Litigation is adversarial, with a plaintiff and a defendant. Costs for litigation also include court reporters, witness fees, and transcribing fees (Thomas, 1993).

Arbitration

Costs are much lower for arbitration. Both parties share the cost of hiring the arbitrator as opposed to possible costs to only one party. Attorney fees for arbitration are usually lower as well. Arbitration is a system where evidence is presented in either written statements or oral hearings. Outcomes ...

Solution Summary

The expert compares and contrasts the differences between litigation in the court system with arbitration and other forms of alternative dispute resolutions. The advantages and disadvantages of each are determined.

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