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Exploring the Similarities Between Arbitration and Bankruptcy Litigation

This analysis by Professor Stephen J. Ware from the University of Kansas examines the parallels between arbitration and bankruptcy litigation, particularly in the context of binding adjudication. It highlights the procedural elements involved in both processes, including service of process, pleadings, discovery, summary judgment motions, trials or hearings, and appeals. Additionally, it raises the question of whether higher costs in these processes lead to more accurate adjudication and fairer outcomes for the parties involved.

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Exploring the Similarities Between Arbitration and Bankruptcy Litigation

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Presentation Transcript

  1. Stephen J. Ware Professor of Law University of Kansas

  2. Similarities Between Arbitration and Bankruptcy Litigation

  3. Binding Adjudication public courts private “courts” (litigation) (arbitration)

  4. Litigation bankruptcy all other

  5. Bankruptcy Litigation adversary contested proceeding matter

  6. Adjudication Procedure:- Service of process- Pleadings- Discovery- Summary judgment motions- Trial or hearing- Appeal

  7. Do higher process costs correlate with more accurate adjudication and, thus, more just outcomes?

  8. accuracy/justice process costs

  9. accuracy/justice process costs

  10. Stephen J. Ware Professor of Law University of Kansas ware@ku.edu 785-864-9209

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