Quote:
Originally Posted by Peter_Spaeth
Bill, sorry I missed your question, private parties can certainly agree to arbitrate almost any dispute, and I see no reason they could not have done so here. However, it's frequently the case that one side, or both, perceives that they will have the advantage with a jury. Parties can also enlist a mediator to help them try to resolve their dispute, and that's popular these days in certain types of cases and sometimes useful. Certainly both alternatives are more cost-effective.
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I'm not sure I agree with that. I don't have a problem mediating but I will never voluntarily participate in an arbitration. Yes, I am sure that the fees in this case were high. But that can also occur in a long, ugly arbitration. I have a friend who is arguing an appeal of an arbitration award he won in a business dispute at the 10th Circuit next week. Its been going on for years. His fees are huge, as are the fees of the other side's attorney, I'm sure. Plus, you also get to pay the fees of the arbitrator or the arbitration panel if there is more than one. I also think that process is skewed in favor of those who participate in arbitration frequently. No thanks. I'll take a jury any day.