Stephen J. Ware

Professor of LawUniversity 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 LawUniversity of Kansas

ware@ku.edu785-864-9209