Editor’s note: This article describes a hypothetical situation.
ADR
Bob is consistent and unwavering in his faith about all things he finds important. Take arbitration. Sure, he concedes, you give up your right to a jury trial and to appellate review of legal errors, no matter how glaring. But you get so much in return. You pick the arbitrator (sometimes), you avoid the practices, including motions and endless discovery, that make litigation so painful (sometimes), and you get a quick and efficient result (sometimes). As Bob relentlessly lectures to anyone who will listen, “Arbitration is not litigation and we should not confuse these two totally different methods of dispute resolution.”
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