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ARBITRATION VS. LITIGATION PROCESS
Video Case Study: Judicial, Alternative, and E-Dispute Resolution - Arbitrators Favoring Creditors
Watch the video case study and then write a one- to two-page reflective paper (double-spaced) on the following questions while discussing the connections between business, law, politics, and ethics.
One: What is the difference between arbitration and litigation? What steps in the litigation process are missing in arbitration?
Two: If the parties to arbitration instead went to court, discuss the steps that the parties would have to take in order to go to trial.
Three: The story talked about repeat players—companies that end up in arbitration repeatedly over time. Because arbitrators are selected by a negotiation between the two parties in the arbitration, this story indicates they are more likely to find for these repeat players. Discuss the ethics of this conflict of interest and what might be done to overcome the problem.