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Courts force mediation as well. For example, a lot of states now force mediation in family law cases. They would (and should) force arbitration if they could.
by DannyBee 8y ago
Courts force mediation as well.
For example, a lot of states now force mediation in family law cases.
They would (and should) force arbitration if they could.
(The vast majority of these cases are people failing to act like reasonable adults, not serious legal issues)
It depends a lot on the situation.
- YokoZar 8y agoIn such cases the court would determine the arbiter, not the company.
- DannyBee 8y agoIn most cases, which follow JAMS rules (even when not done by JAMS), the companies do not name the arbiter. See https://www.jamsadr.com/rules-comprehensive-arbitration/ https://www.jamsadr.com/rules-comprehensive-arbitration/ Rule 15. (This is true even when, as in most cases, the company pays for arbitration)
- dd36 8y agoThe issue is usually information asymmetry. A repeat player has better information. That’s why we built https://levelplayingfield.io https://levelplayingfield.io