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Chapter 2: Problem 4

It can be inferred that the author would probably consider arbitration similar to litigation in that in both instances A. many disputes are ultimately settled by the parties themselves. B. judgment is rendered by a specialist from the parties' own field. C. an impartial decision is reached that is binding and final. D. traditional rules of evidence bind both parties. E. procedures often become time consuming and expensive.

Short Answer

Expert verified
The author would likely consider arbitration and litigation similar in that an impartial decision is reached that is binding and final (option C).

Step by step solution

01

Understand the terms

Arbitration is a dispute resolution process where an impartial third party (the arbitrator) gives a decision that is usually binding. Litigation is a resolution process that takes place in the courts, where a judge or jury makes a final, binding decision.
02

Consider option A

While many disputes in both arbitration and litigation might be settled by the parties themselves, this is usually done outside the formal process of either. Thus, this option is less likely.
03

Consider option B

In litigation, judgment is usually not rendered by a specialist from the parties' own field, but by a judge or jury who are not necessarily experts in the field. In arbitration, while the arbitrator might be a specialist in the field, this is not always the case. This option is therefore not likely.
04

Consider option C

Both arbitration and litigation involve an impartial decision reached that is binding and final. This would be a clear similarity between the two.
05

Consider option D

While traditional rules of evidence might bind both parties in litigation, this is not necessarily the case in arbitration, where the process can be less formal. This option is therefore less likely.
06

Consider option E

While both arbitration and litigation can potentially become time consuming and expensive, this is not a necessary characteristic of either, and it varies from case to case. This option is therefore less likely.

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