This topic contains a solution. Click here to go to the answer

Author Question: What are the advantages and disadvantages of using arbitration rather than ... (Read 122 times)

jasdeep_brar

  • Hero Member
  • *****
  • Posts: 569
What are the advantages and disadvantages of using arbitration rather than litigation?

Question 2

Pablo, a resident of New Mexico, while driving through Arizona was struck by a SUV driven by Dick, a resident of California. Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at 200,000. Discuss the court system(s) in which Pablo may bring a lawsuit.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Galvarado142

  • Sr. Member
  • ****
  • Posts: 348
Answer to Question 1

The advantages of arbitration include using an impartial third party who often has expertise in the field to settle the dispute. The parties may have selected the arbitrator in advance or may have set forth a procedure to select a mutually agreeable arbitrator. Arbitration allows both sides to keep secret information that would have to be divulged in a court case. In most cases, use of an arbitrator will allow the case to be resolved much more quickly than utilizing traditional litigation techniques and it will probably be less expensive.
A disadvantage to arbitration is that the parties may be barred from using the court system. After the arbitrator's ruling, the court cannot correct a mistake of law made by the arbitrator. An arbitrator may issue a binding decision without giving reasons for the decision. Parties in arbitration give up many rights litigants retain, such as discovery and class action.

Answer to Question 2

Pablo could bring this case in the federal court system because he and Dick are residents of different states and there is more than 75,000 in dispute. This is a diversity case. Filing in federal court is optional, however, so Pablo could alternatively bring this action in a state system.




jasdeep_brar

  • Member
  • Posts: 569
Reply 2 on: Jun 24, 2018
Wow, this really help


steff9894

  • Member
  • Posts: 337
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Your heart beats over 36 million times a year.

Did you know?

Congestive heart failure is a serious disorder that carries a reduced life expectancy. Heart failure is usually a chronic illness, and it may worsen with infection or other physical stressors.

Did you know?

The average human gut is home to perhaps 500 to 1,000 different species of bacteria.

Did you know?

Vaccines prevent between 2.5 and 4 million deaths every year.

Did you know?

Vampire bats have a natural anticoagulant in their saliva that permits continuous bleeding after they painlessly open a wound with their incisors. This capillary blood does not cause any significant blood loss to their victims.

For a complete list of videos, visit our video library