Title

How Arbitration is Changing the Legal System in the United States

Date of Award

11-16-2010

Document Type

Capstone Project

Disciplines

Organiz. & Prof. Communication

Degree Name

Master of Professional Studies

Department

Organiz & Prof Communication

Advisor

Steven Reiquam

Keywords

Alternative Dispute Resolution; Arbitration; Litigation; Trends

Abstract

The legal environment has always been changing, growing, expanding, and contracting. Historically, legislation and changes in governmental regulation brought about these changes. Different forms of alternative dispute resolution, which were used even before the existence of litigation, are being advocated both by the court system and by the private sector in order to address certain problems and concerns parties with an interest in litigation have (such as financial cost, time it takes to litigate, and the formal process of litigation). Arbitration, the form of alternative dispute resolution that most closely resembles litigation, in particular is being used as a tool instead of litigation. This paper examines changes in arbitration, and litigation or court caseloads, and what those changes mean for present and future legal communities.

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