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Alternative Dispute Resolution

Jun. 24, 2010

Is Arbitration the 'New Litigation?' The Choice Is Yours

Failed expectations for a cost-effective, expeditious process undermine arbitration's vaunted advantages, writes Thomas Stipanowich of Pepperdine School of Law.

By Thomas Stipanowich

"Because of expense and delay, both civil bench trials and civil jury trials are disappearing." So says a task force co-sponsored by-of all groups-the American College of Trial Lawyers. Since litigation can be very costly and time-consuming, the group notes that parties nearly always settle or stop suing before trial. While the great majority of disputes have always been resolved out of court, today even many partie...

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