What are the best arguments that american rule is more fair


Discussion Post: Dispute Resolution

As we discussed in class, one of the key reasons why ADR is often preferable to litigation is cost savings. We also discussed the two different rules for litigation costs (American vs. English) in our lecture.

If your LAST name begins with A-M, take up the position that the AMERICAN rule for legal costs in litigation is better than the English rule. What does the American rule incentivize in terms of behavior from parties suing (plaintiffs) and parties defending themselves in a lawsuit (defendants)? What are the best arguments that the American rule is more fair?

The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.

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