After my recent post on the pros and cons of court vs. arbitration, I was contacted by the American Arbitration Association (AAA). They told me that, contrary to what is a widely held belief about panels “splitting the baby,” their internal studies actually show that is not, in fact, the case. The summary of their findings is worth reading.
Now, I don’t know the particulars of their study protocol, and AAA is certainly not a disinterested party, but the numbers are impressive. Perhaps AAA arbitration panels, at least, are not King Solomon.
Do you have a AAA arbitration experience? Share it in the comments below.
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Photo “whoa” by stgermh via Flickr/Creative Commons license.
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It’s funny you mention that. I used to work for a collections law firm in Minnesota, and I don’t recall ever losing an arbitration. I’m even having trouble thinking of a time that they split an award, either. It was like shooting fish in a barrel.
I had completely forgotten about those arbs/formalities to get an award. I was more referring to actual arbitration where both parties, you know, actually show up. In cases where both parties participate, I think that awards are split with much greater frequency.
Funny that you used to do collection arbitrations. Yes, when the parties actually show up, it gets more interesting.
Well, I must admit that there are times that arb panels don’t “split the baby” – usually those cases in which there is clearly a superior position. In close calls, or nearso, I have seen many more half/half awards.
I’m not sure if that helps, but it’s what I’ve seen!
Thanks, Alan! Yes, the quality of the case/defense is important. All of the mandatory credit-card dispute arbitrations probably go quiet favorably toward the plaintiff I imagine.
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