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Required Resolution: Enforcing Contracts Without Courts

17 Pages Posted: 4 Dec 2014 Last revised: 9 Oct 2015

Christopher P. Guzelian

Thomas Jefferson School of Law

Date Written: December 4, 2014

Abstract

Contract litigation is cost- and time-prohibitive for all but the most valuable or cheapest contracts. This short essay, accepting this reality, proposes a bypass of formal justice by use of mandatory expedited “resolution.” This is accomplished by passing a simple law that requires all contracts not eligible for small claims, but whose disputed value is below the usual costs of court litigation, to have pre-specified a “resolver” in the contract. Importantly, the resolver need not be a legal professional. In the event of alleged breach, the resolver resolves claims according to the processes detailed in this essay.

Keywords: contracts, alternative dispute resolution, arbitration, tort reform

JEL Classification: K12, K41

Suggested Citation

Guzelian, Christopher P., Required Resolution: Enforcing Contracts Without Courts (December 4, 2014). Chapman Nexus Law Journal, 2015; Thomas Jefferson School of Law Research Paper No. 2533636. Available at SSRN: https://ssrn.com/abstract=2533636

Christopher Guzelian (Contact Author)

Thomas Jefferson School of Law ( email )

1155 Island Ave
San Diego, CA 92101
United States
619-961-4248 (Phone)

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