4 ms·

This is not a common reality, this is an internet meme view of the world. Even in arbitration, arbitrators are not mustache twirling corporate villians. In alm

This is not a common reality, this is an internet meme view of the world. Even in arbitration, arbitrators are not mustache twirling corporate villians. In almost all cases you would succeed in getting a judgement for the value of the work you did. You may not be able to successfully enforce it against folks.

lostdog 5y ago
> Even in arbitration, arbitrators are not mustache twirling corporate villians. Arbitration is secret, and arbitrators are chosen by the corporation, so I'm very curious how you could prove this not to be true.
- DannyBee 5y ago
  The first is sometimes true, but deliberate - the goal is to get people to get all the evidence out for real. This only happens in practice when it wont be used against people. You can be cynical about it, but it works, and enables arbitrators to force evidence to be produced. The same happens in real court and is effective. You can’t claim the fifth if they guarantee they won’t use it against you. The same thing happens in almost all adr, like mediation, for the same reason. It is also why you talking to your psychiatrist is confidential. The second is rarely true. I’m really unsure of your info source here. Here are the standard JAMS rules: https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-15 https://www.jamsadr.com/rules-comprehensive-arbitration/#Rul... They are not chosen by the corporation. This is also deliberate. Courts will invalidate sham proceedings, so usually is is either agreement of the parties, or the plaintiff chooses
  - lostdog 5y ago
    JAMS is just a company, and other corporations pick that company to select arbitration panels in disputes with their customers and workers. Can you prove that JAMS is fair in any way? Probably not, since the proceedings of arbitration are secret. What percent of sham arbitration proceedings do you think courts catch? Oh wait. That is secret too. There's a reason that courts default to non-secret. It's so that we can collectively judge whether they are being fair.
nikanj 5y ago
I assure you, the man we've hand-picked (and paid) is wholly impartial. Obviously his employment will end rather shortly if he keeps finding against us, but that doesn't mean he's biased. No sir, his incentives are perfectly aligned for finding the truth
- tptacek 5y ago
  Don't be a jackass.
- DannyBee 5y ago
  Except corporations basically never pick, blowing a small hole in your argument. What precisely is your data source for this nonsense?

lostdog 5y ago

> Even in arbitration, arbitrators are not mustache twirling corporate villians. Arbitration is secret, and arbitrators are chosen by the corporation, so I'm very curious how you could prove this not to be true.

DannyBee 5y ago
The first is sometimes true, but deliberate - the goal is to get people to get all the evidence out for real. This only happens in practice when it wont be used against people. You can be cynical about it, but it works, and enables arbitrators to force evidence to be produced. The same happens in real court and is effective. You can’t claim the fifth if they guarantee they won’t use it against you. The same thing happens in almost all adr, like mediation, for the same reason. It is also why you talking to your psychiatrist is confidential. The second is rarely true. I’m really unsure of your info source here. Here are the standard JAMS rules: https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-15 https://www.jamsadr.com/rules-comprehensive-arbitration/#Rul... They are not chosen by the corporation. This is also deliberate. Courts will invalidate sham proceedings, so usually is is either agreement of the parties, or the plaintiff chooses
- lostdog 5y ago
  JAMS is just a company, and other corporations pick that company to select arbitration panels in disputes with their customers and workers. Can you prove that JAMS is fair in any way? Probably not, since the proceedings of arbitration are secret. What percent of sham arbitration proceedings do you think courts catch? Oh wait. That is secret too. There's a reason that courts default to non-secret. It's so that we can collectively judge whether they are being fair.

nikanj 5y ago

I assure you, the man we've hand-picked (and paid) is wholly impartial. Obviously his employment will end rather shortly if he keeps finding against us, but that doesn't mean he's biased. No sir, his incentives are perfectly aligned for finding the truth

tptacek 5y ago
Don't be a jackass.
DannyBee 5y ago
Except corporations basically never pick, blowing a small hole in your argument. What precisely is your data source for this nonsense?