2 ms·

> Even in arbitration, arbitrators are not mustache twirling corporate villians. Arbitration is secret, and arbitrators are chosen by the corporation, so I'm v

• 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.