

What Can You Tell Me About Arbitration? - jamesbritt

I'm trying to resolve a disagreement with an unhappy client, and it looks to be headed to arbitration (I'm in the USA).   <p>This would be my first time, and I'm wondering what to expect and how best to prepare.  Can anyone here share their experience with, or knowledge of, arbitration?
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dcurtis
I'm interested in this as well. My oral surgeon demanded that I sign an
arbitration agreement before he would see me. What would happen if I had a
problem with him?

Also, should it be legal for someone to FORCE you to waive your rights before
they will do business with you?

~~~
sarosh
In the case of the oral surgeon, I'm going to assume that you sign the waiver
which contains an arbitration clause. There are two likely outcomes: (1) if
you elect to go to arbitration and are unhappy with the results and seek to
challenge them in court, the state judge would likely rule against you [as a
general proposition, state and federal judges do not give much legal weight to
challenges to outcomes of arbitration proceedings] (2) if you elect to
challenge the arbitration clause in the waiver itself without going through
arbitration, depending on state law, you may (or may not) have a claim. For
more information, ask your local attorney who should be happy to talk to you
about it.

As for should it be legal, please consult your state legislature or Congress.

To parent post: arbitration is generally faster than litigation, but depending
on the kind of contract involved my not yield the result you desire as
arbitrators have a tendency to use the King Solomon approach and make sure
each party gets something. Courts are hesitant to overturn arbitration
determinations. Arbitration proceedings also allow evidence that would not be
admissible in court and generally have less procedural rules. Most experienced
or skilled arbitrators are former judges or lawyers. Also, make certain who
will bear the arbitrator's fee before you begin. It can also take many days.
It is probably best to have your position written down on paper to submit
before hand, but it all depends on the individual arbitrator to whom you've
been assigned.

I've had the most experience with the American Arbitration Association, see
<http://www.adr.org/sp.asp?id=29157>

They are happy to field questions.

~~~
jamesbritt
Thanks for the info.

I'm disappointed to hear of any "King Solomon" decisions because clients could
make (in my view, obviously) extravagant claims and demands.

Even if one can show that such claims are bogus, it's only useful if the
arbitrator is more concerned with informed justice than in trying to make
everyone equally (un)happy.

