Stephen J. Ware
Professor of Law
University of Kansas
Similarities Between Arbitration
and Bankruptcy Litigation
Binding Adjudication
public courts private “courts”
(litigation) (arbitration)
Litigation
bankruptcy all other
Bankruptcy Litigation
adversary contested
proceeding matter
Adjudication Procedure:
- Service of process
- Pleadings
- Discovery
- Summary judgment motions
- Trial or hearing
- Appeal
Do higher process costs correlate
with more accurate adjudication
and, thus, more just outcomes?
accuracy/
justice
process costs
accuracy/
justice
process costs
Stephen J. Ware
Professor of Law
University of Kansas
ware@ku.edu
785-864-9209
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Similarities Between Arbitration and Bankruptcy Litigation

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KU Law Professor Stephen Ware's presentation at the Boyd School of Law, UNLV, Feb. 2010.

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Similarities Between Arbitration and Bankruptcy Litigation

  1. 1. Stephen J. Ware Professor of Law University of Kansas
  2. 2. Similarities Between Arbitration and Bankruptcy Litigation
  3. 3. Binding Adjudication public courts private “courts” (litigation) (arbitration)
  4. 4. Litigation bankruptcy all other
  5. 5. Bankruptcy Litigation adversary contested proceeding matter
  6. 6. Adjudication Procedure: - Service of process - Pleadings - Discovery - Summary judgment motions - Trial or hearing - Appeal
  7. 7. Do higher process costs correlate with more accurate adjudication and, thus, more just outcomes?
  8. 8. accuracy/ justice process costs
  9. 9. accuracy/ justice process costs
  10. 10. Stephen J. Ware Professor of Law University of Kansas ware@ku.edu 785-864-9209

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