Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Executory Arbitration MEMO
Advantages and Disadvantages of Arbitration
Arbitration and litigation are both legal processes that can be used to resolve disputes. Arbitration is a process in which an impartial third party, called an arbitrator, hears both sides of the dispute and then makes a decision. Litigation, on the other hand, is a process in which the dispute is adjudicated by a judge or jury in a court of law.
There are several advantages and disadvantages of arbitration as compared with litigation. One advantage of arbitration is that it is typically faster than litigation. Another advantage is that it is usually less expensive than litigation making it a preferable approach for organizations. A disadvantage of arbitration, however, is that the arbitrators decision is final and binding, and there is no appeal process. Additionally, arbitration may not be well suited for complex disputes (Gough, 2021).
In contrast, one advantage of litigation is that it provides for an appeal if either party is dissatisfied with the outcome. Another advantage is that discovery rules apply in litigation, which means that each side has the opportunity to obtain evidence from the other side through the use of depositions and subpoenas. However, a disadvantage of litigation is that it can be very slow cases can take months or even years to resolve, which in turns makes arbitration more appealing by default. Additionally, litigation can be very expensive due to attorneys fees, court costs, and expert witness fees, which, again, puts another plus in the arbitration column since it is far less expensive (Gough, 2021).
When deciding whether to arbitrate or litigate a dispute, it is important to weigh the advantages and disadvantages of each option carefully. There may also be other alternative dispute resolution options worth considering, such as mediation or negotiation.
Executory Arbitration
Executory arbitration is a legal agreement between two parties...…used to commit a crime or when disclosure is required by law.
In the United States, arbitration is a common method of dispute resolution in the employment context. Under the Federal Arbitration Act, arbitration is generally considered to be a confidential process, and courts have routinely held that information disclosed during arbitration proceedings cannot be used in subsequent litigation between the same parties without the consent of all parties to the arbitration.
However, some courts have held that employees can disclose information discussed in arbitration hearings to other parties without the company's consent (Resnik et al., 2020), such that it may be used in subsequent disputes. These decisions are based on the premise that arbitration is a voluntary process, and employees should not be required to keep information confidential if they do not agree to do so. As a result, companies should be aware that information disclosed during arbitration proceedings may not necessarily be protected…
References
Gough, M. (2021). A Tale of Two Forums: Employment Discrimination Outcomes inArbitration and Litigation. ILR Review, 74(4), 875-897.
Resnik, J., Garlock, S., & Wang, A. J. (2020). Collective Preclusion and InaccessibleArbitration: Data, Non-Disclosure, and Public Knowledge. Lewis & Clark L. Rev., 24, 611.
Samuel, A. (2021). A Look Back at Where English and US Arbitration Law ComesFrom: The Long 18th Century. Alternatives to the High Cost of Litigation, 39(8), 125-128.
Traditional and Nontraditional Litigation Basically, alternative dispute resolution (ADR) is taken as a way of resolving conflict in a confidential though informal way. Litigation on the other hand can be described as a process where a lawsuit is maintained and defended. Nontraditional forms of ADR avail alternatives to the traditional litigation system. In this text, I will concern myself with the main differences as well as similarities between the nontraditional forms
Mediation of a dispute typically involves using a neutral third party to act in the role of a guide, a negotiator, or someone who might she differing viewpoints upon a situation. They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation
Managing Risk Assessment and Litigation in UK Physical Education Departments This is a research proposal for a British university that aims to examine the rise of the litigation culture in the UK, as well as how schools' physical education (PE) departments are geared towards coping with it, particularly in light of professional training of physical education teachers for this purpose by management. Risk assessment training is a management-based programme; therefore, the
PARC won their case, with the court ruling that all children, including those with identified special needs, were entitled to a "free, appropriate public education" (Eric 1998). This case, and several others that challenged similar laws and/or de facto education practices, led in 1975 to Public Law 94-142, now better known as the Education for All Handicapped Children Act (ERIC 1998). This piece of federal legislation mandated that all
Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections