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So, in real civil court, there's a thing called discovery which lets both sides demand evidence from one another with the force of law. Such a thing is not guar
by kmeisthax 2y ago
So, in real civil court, there's a thing called discovery which lets both sides demand evidence from one another with the force of law. Such a thing is not guaranteed to be available in arbitration, and in order for civil disputes to be decided even remotely fairly, you have to have the ability to pull evidence from the other side. Otherwise it's just "he said, she said" which will go in favor of whoever is bringing in the arbitrator more business.
- nyclounge 2y agoArbitration seems just another way for big corp to weasel their way out of their obligations and responsibilities to consumers. See Hot Coffee Documentary [1] 1. https://en.wikipedia.org/wiki/Hot_Coffee_(film) https://en.wikipedia.org/wiki/Hot_Coffee_(film)
- sjtgraham 2y agoBoth JAMS and AAA allow for discovery.
- singleshot_ 2y agoWell here’s a question, then: do the AAA commercial rules mandate that one or both parties must be subject to discovery? (Answer: they do not. They allow the Arbitrator to force discovery, but it is not mandated).