I don't understand why so many people are afraid of arbitration either. Filing fees are lower. Documentation required to file is easier.
Federal courts are drug courts. Wait in line. Motion practice is discretionary.
State civil courts are backlogged. Lawyers will file delaying motions to wear you down. You must know what you are doing. The response to a complaint is not an answer, it's a motion to dismiss w/request for sanctions and fees.
In roughly half the States, judges are elected and draw campaign funds from the attorneys who appear before them. You didn't contribute? Back to the end of the line.
AAA arbitrators are often retired judges anyway. The process is easier. There are some negatives but these do not outweigh the pain of a state or federal civil case.
> I don't understand why so many people are afraid of arbitration either.
Two reasons:
1. People hear that arbitration favors the company not the individual, as such they think they are already set up to loose.
2. People aren't lawyers. Even highly educated (including those with doctorates) aren't likely to have had any classes on law. As such they don't know how to read contracts, don't know their rights, don't know the odds of them actually winning their case. To the layperson, the law is a mysterious construct best to be avoided.
1. To some extent this is true; but using an entity like the AAA avoids this problem. As long as arbitrators are appointed at random from a large enough panel, they don't have to worry about pleasing their employer.
2. Dickens had the same view: "Suffer any wrong that can be done to you rather than come here."
Trials are a game, like chess. If you don't understand the rules, the chance of winning are not as good as those of someone who knows how to play. Also, keep this in mind: a judge can put you in jail. An arbitrator cannot.
Federal courts are drug courts. Wait in line. Motion practice is discretionary.
State civil courts are backlogged. Lawyers will file delaying motions to wear you down. You must know what you are doing. The response to a complaint is not an answer, it's a motion to dismiss w/request for sanctions and fees.
In roughly half the States, judges are elected and draw campaign funds from the attorneys who appear before them. You didn't contribute? Back to the end of the line.
AAA arbitrators are often retired judges anyway. The process is easier. There are some negatives but these do not outweigh the pain of a state or federal civil case.