Types Of Dispute Resolution In Litigation

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Arbitration: Arbitration is an alternative to litigation for resolving disputes. It is defined as a process through which a neutral party (the arbitrator) listens to the two parties’ dispute and then makes a ruling that is usually binding on the parties. In comparison to litigation, the parties control the process so that they have say in certain rules such as degree of formality, privacy, and the arbitrator. In the end, this alternative dispute resolution is cheaper and quicker which leads to an overall sense of satisfaction for both parties. The arbitration process is outlined in Clause 19 of the Airbnb Terms of Service. Before potentially engaging in arbitration, the two parties will attempt to negotiate an informal resolution with the …show more content…

It arises when the plaintiff decides to take legal action and initiate a lawsuit against the defendant. Like stated above, litigation is the most expensive and the longest dispute resolution method. Not only that, but neither parties have any choice over process and decision maker. Litigation is far from private and typically ruins any relationship the parties have had. Then again, no agreement to proceed is required and the case itself sets the precedent for the future. When relating to Airbnb, the most common cases are where Airbnb is involved in a litigation process with a city regarding its zoning laws. Some examples are San Francisco and New York City which involved a long and grueling process. Then again, apartment management companies and actual members are also known to engage in suing Airbnb. Since they are a popular company, there a little to no loopholes one can find to sue Airbnb. In addition, this method is not as popular since in Canada, the losing party pays a portion of the winner’s legal costs which increases the risk of losing and discourages most plaintiffs. Relating to this fact, Airbnb will try and choose the best of the best to represent them which increases their costs but also their chances of winning which could also discourage others from …show more content…

This aspect is defined as unreasonable conduct for the situation at hand. This includes carless acting or omissions which cause harm to another person/party. Airbnb’s policy depends on the location of which you reside in to establish negligence. For example, if you live outside the U.S, it does not affect Airbnb’s liability for death or personal injury arising from negligence. Although, if you reside in the EU, the Airbnb Platform will be liable under statutory provisions for intent and gross negligence by Airbnb or any other representatives or affiliates. In addition, they are also deemed liable for any negligent breaches of essential contractual obligations. After researching negligence related to the Airbnb Platform, I found an interesting article which I will discuss. A 51-year old woman is seeking to hold Airbnb accountable for an alleged sexual assault by a host who was not properly screened. The background of this story is that this woman rented a room from a host who’s been previously accused of domestic violence. Airbnb claimed it has conducted a background check on this man but since he was not convicted, they allowed him to be a host. As this event is still ongoing, the host has been removed from the platform until further notice. Since this case was a one-of-a-kind in relation to Airbnb, I decided to discuss it since the plaintiff was suing Airbnb for

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