The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou
The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou
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In our eReader you can find the full English version of the book. Read The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou
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The study produced no evidence indicating that these disincentives are seen as a significant barrier to going to trial. Indeed, districts with higher fees had propor- tionally more cases arbitrated and more de novo demands than those with lower fees. Given the insignificance of these financial disincentives compared to the cost of going to trial, it is unlikely that they would dissuade a litigant who would other- wise have pursued the case to trial from making a de novo demand. The authority to... impose these costs now contained in the statute is therefore not essential to the program.
In any event, as previously noted, trial may not have been a realistic option to begin with for many of the small-stake cases that are referred to these programs; cases with a prayer of $100, 000, the statutory limit (except in grandfathered dis- tricts) can rarely be litigated economically in federal court. Rather than imposing a barrier to trial, arbitration may in practice actually afford a cost-effective adju- dicative alternative to litigants who could not afford conventional adjudication.
What to read after The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou?
You can find similar books in the "Read Also" column, or choose other free books by Zation20act203a20hearing20before20the20subc to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The study produced no evidence indicating that these disincentives are seen as a significant barrier to going to trial. Indeed, districts with higher fees had propor- tionally more cases arbitrated and more de novo demands than those with lower fees. Given the insignificance of these financial disincentives compared to the cost of going to trial, it is unlikely that they would dissuade a litigant who would other- wise have pursued the case to trial from making a de novo demand. The authority to... impose these costs now contained in the statute is therefore not essential to the program.
In any event, as previously noted, trial may not have been a realistic option to begin with for many of the small-stake cases that are referred to these programs; cases with a prayer of $100, 000, the statutory limit (except in grandfathered dis- tricts) can rarely be litigated economically in federal court. Rather than imposing a barrier to trial, arbitration may in practice actually afford a cost-effective adju- dicative alternative to litigants who could not afford conventional adjudication.
What to read after The Court Arbitration Authorization Act Hearing Before the Subcommittee On Cou?
You can find similar books in the "Read Also" column, or choose other free books by Zation20act203a20hearing20before20the20subc to read onlineMoreLess
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