What is the difference between a class action arbitration and a class action lawsuit?

A class action arbitration is a form of dispute resolution in which a group of people having similar grievances or disputes bring a single claim against a common defendant. Class action arbitrations are most often non-binding, meaning that the court or arbitrator adjudicating the case does not issue a legally binding decision. It is up to the parties, including the class, to reach an agreement. On the other hand, a class action lawsuit is a type of claim in which a group of people with the same or similar injuries caused by the same product or action bring a single claim against the responsible party. Unlike a class action arbitration, a class action lawsuit is binding and is overseen by a court or judge. In a class action lawsuit, the presiding judge or jury will issue a legally binding decision that is enforceable in court. In Arkansas, class action lawsuits are governed by the Arkansas Rules of Civil Procedure, which sets out the process and requirements for filing a class action case. These rules include requirements such as the class must be represented by an attorney, the class must be adequately represented, and the claims of the class must be typical or common to all members of the class. Regardless of the type of class action, in order to be certified, the plaintive must be able to demonstrate that the class is sufficiently large and diverse to make individual representation impractical. Once certified, the class action can move forward towards a resolution, either through arbitration or a lawsuit.

Related FAQs

What is the role of lead counsel in a class action lawsuit?
What is the difference between a settlement class and a damages class?
What is the difference between a class action and a mass tort?
What happens when the class action lawsuit goes to trial?
What types of defenses are available in class action lawsuits?
What are the legal requirements for class action notice?
What is a class action waiver?
What is the effect of class action damages on individual class members?
What is the role of the class action expert?
What is the difference between a class action lawsuit and an individual lawsuit?

What is the difference between a class action arbitration and a class action lawsuit?

Related FAQs

Related Blog Posts