Arbitration: The "New Litigation"

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Provisions for binding arbitration of disputes are now employed in virtually all kinds of contracts, making arbitration a wide ranging surrogate for civil litigation. This has also subjected arbitration to unprecedented strains and unparalleled criticism. Once promoted as a means of avoiding the contention, cost, and expense of court trial, binding arbitration is now described in similar terms “judicialized,” formal, costly, time-consuming, and subject to hardball advocacy.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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