Judicial, Alternative And E-Dispute Resolution Essay Samples

The main difference between arbitration and litigation is that arbitration is a private means to resolve a dispute and litigations is a public dispute resolution method. Accordingly, arbitration is not subject to the laws, such as constitutional or statutory requirements normally applicable in a dispute resolved in court. As a private means of dispute resolution, the parties can agree to the terms and parameters of how the case can be resolved. The key step of litigation that is absent from arbitration is the ability to appeal a finding. Generally, arbitration decisions are finally with not ability to have its validity reviewed by a higher tribunal.
If parties to an arbitration decided instead to go to court, the steps they would have to go through include, the filing of a claim by the plaintiff in court, the court’s notification to the defendant of the claim, time for the defendant to make response as well as plaintiff to answer any defendant response. Prior to trial both parties would have to inform their opponent of the general scope of their argument or defense, as well as access to information that they plan to use to support their claims.
The ethically questionable issue surrounding repeat players is that for an arbitrator, they form a stable source of income. For instance, if one arbitrator rules for a repeat player, the chances are that the repeater player will choose that same arbitrator each time they enter into arbitration. The chosen arbitrator, realizing that the reason the repeat player continues to choose her is because she always votes in their favor is more likely going to continue voting in their favor regardless of the merits of the case. One method that can help eliminate this issue is to either limit the number of times an arbitrator can serve in a repeat players arbitration or require parties to randomly from a pool of arbitrator whose identity they do not know.