Comparison of Arbitration to Litigation

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Comparison of Arbitration to Litigation
The US Court System
Procedural Injustices: Conflicts of Interest and Forced Arbitration
InAccord Conflict Analysis® model for Arbitration: Empirically Designed, Disputant Focused
This chapter discusses foundational concepts of both the current field of arbitration in the
United States and abroad, how arbitration fits into the broader process of alternative dispute
resolution, and particularly how it differs from litigation and mediation. The following section
covers critiques of the application of arbitration on the national and international stages,
including perceived abuses of sponsoring organizations that guide practice and, in some cases
monopolize delivery. The chapter ends with an overview of Mediators Without Borders’
InAccord Conflict Analysis® model for Arbitration and how it may help mitigate some of the
abuses that currently cast a shadow on the procedural fairness of modern arbitration practice.
Comparison of Arbitration to Litigation
Arbitration is the submission of a dispute for resolution to a private, unofficial person or
panel who is/are selected as provided by law or agreement of the parties to the dispute.
Understanding modern arbitration first requires some understanding of US court systems; the
traditional dispute resolution mechanism used to settle controversies among private parties.
These traditional systems were laid down and implemented over time in response to pervasive

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