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"This is the key. Most arbitration clauses in contracts, however, seek to prevent going to court." Most mediated settlement agreements have the same clause. T

"This is the key. Most arbitration clauses in contracts, however, seek to prevent going to court." Most mediated settlement agreements have the same clause. The goal is finality. "And, in addition, arbitrators side with companies what appears to be far to often." Based on what data do you think it is far too often? IE why is it bad that they side with companies often if the companies are right? In my experience, most of what our justice system deals with are bullshit or worthless claims, and so if the private arbitrators agree with the companies, instead of the company settling, that's good not bad. I'd love to see some independent org do an independent review of the strength/merit of the claims of each arbitration case, and whether there is still bias "accounting for that" I realize how difficult such a thing would be ;) Without such a thing, at least, given what i've seen, i remain unconvinced that most complainers are is not just the whining of plaintiffs lawyers and people they sold a bill of goods to. Because arbitration is cheaper, faster, and probably better for everyone. (plus, you don't need lawyers to represent you. In fact, i could start a company that handled thousands of arbitration claims for folks much more effectively than i could handle thousands of class action lawsuits. Because i don't need $500 an hour lawyers to manage the case, legally. It happens that lawyers are really slow and haven't noticed this yet, but i expect arbitration will end up better long term for people once they do) "If people are required to seek arbitration, but can still go to court afterward, I have no issue at all with arbitration. " If they could, there would be no point in arbitration! Someone is going to lose. If the next step is to go to a judge and have them re-decide the whole thing, why bother with the arbitration step?

deciplex 11y ago
> I'd love to see some independent org do an independent review of the strength/merit of the claims of each arbitration case, and whether there is still bias "accounting for that" If only we had some independently-funded institution responsible for doing exactly that.
TheCoelacanth 11y ago
> Most mediated settlement agreements have the same clause. After you have come to an agreement. Arbitration clauses usually make that requirement before there is even a dispute. There's a pretty big difference between requiring that you try to come to an agreement out of court and requiring that you give a third party the power to make legally binding decisions that you don't agree to.
bsder 11y ago
> Based on what data do you think it is far too often? Let's start with these: http://www.responsiblelending.org/credit-cards/research-analysis/stacked_deck.pdf http://www.responsiblelending.org/credit-cards/research-anal... http://www.nasaa.org/5698/state-securities-regulators-say-new-study-clearly-shows-investors-view-securities-arbitration-as-biased-and-unfair/ http://www.nasaa.org/5698/state-securities-regulators-say-ne... And from the second, let's grab this quote: "A striking 75 percent of customers who compared their arbitration process to their civil litigation process indicated that arbitration was “very unfair” or “somewhat unfair” compared to court." Given that civil court absolutely sucks, that's quite telling.
- tptacek 11y ago
  That statistic doesn't tell you enough, because you don't know the rate of valid claims to invalid claims, and it's very possible that the "legal dispute with this particular company" filter exerts a powerful bias on that rate.
- DannyBee 11y ago
  "And from the second, let's grab this quote: "A striking 75 percent of customers who compared their arbitration process to their civil litigation process indicated that arbitration was “very unfair” or “somewhat unfair” compared to court." " I would bet literally exact same number of people think court sucks and is unfair when they lose, too ;-) Heck, nearly 100% of losers in divorce cases i saw my ex-wife handle thought the process was biased, unfair, and blah blah blah. I mean, i didn't need a study to tell me that most people who lose when they think they are right blame the process instead of their rightness ;-)

deciplex 11y ago

> I'd love to see some independent org do an independent review of the strength/merit of the claims of each arbitration case, and whether there is still bias "accounting for that" If only we had some independently-funded institution responsible for doing exactly that.

TheCoelacanth 11y ago

> Most mediated settlement agreements have the same clause. After you have come to an agreement. Arbitration clauses usually make that requirement before there is even a dispute. There's a pretty big difference between requiring that you try to come to an agreement out of court and requiring that you give a third party the power to make legally binding decisions that you don't agree to.

bsder 11y ago

> Based on what data do you think it is far too often? Let's start with these: http://www.responsiblelending.org/credit-cards/research-analysis/stacked_deck.pdf http://www.responsiblelending.org/credit-cards/research-anal... http://www.nasaa.org/5698/state-securities-regulators-say-new-study-clearly-shows-investors-view-securities-arbitration-as-biased-and-unfair/ http://www.nasaa.org/5698/state-securities-regulators-say-ne... And from the second, let's grab this quote: "A striking 75 percent of customers who compared their arbitration process to their civil litigation process indicated that arbitration was “very unfair” or “somewhat unfair” compared to court." Given that civil court absolutely sucks, that's quite telling.

tptacek 11y ago
That statistic doesn't tell you enough, because you don't know the rate of valid claims to invalid claims, and it's very possible that the "legal dispute with this particular company" filter exerts a powerful bias on that rate.
DannyBee 11y ago
"And from the second, let's grab this quote: "A striking 75 percent of customers who compared their arbitration process to their civil litigation process indicated that arbitration was “very unfair” or “somewhat unfair” compared to court." " I would bet literally exact same number of people think court sucks and is unfair when they lose, too ;-) Heck, nearly 100% of losers in divorce cases i saw my ex-wife handle thought the process was biased, unfair, and blah blah blah. I mean, i didn't need a study to tell me that most people who lose when they think they are right blame the process instead of their rightness ;-)