tag:blogger.com,1999:blog-28676316.post4670538056235981494..comments2024-03-26T08:18:06.895-04:00Comments on Moristotle & Co.: Fish for FridayUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-28676316.post-34417627185403154162015-11-08T21:45:29.805-05:002015-11-08T21:45:29.805-05:00I asked our columnist James T. Carney, who is an a...<i>I asked our columnist James T. Carney, who is an attorney and has served as an arbitrator on a number of occasions, if he would comment on the fish that refers to the </i>NY Times<i>'s 3-part series on arbitration:</i><br /><br />I have several thoughts.<br /><br />1. In an arbitration case, someone wins and someone loses. 50% of the people will be dissatisfied.<br /><br />2. Many people bring chicken shit complaints in consumer arbitration.<br /><br />3. Even good arbitrators make mistakes. There is no fool proof way of resolving credibility questions, which are the ones that I find most difficult.<br /><br />4. In labor arbitration, both sides have to agree on an arbitrator or select one from an American Arbitration Association or Federal Mediation and Conciliation panel. Most arbitrators are extremely fair; otherwise, they will not be rehired. I have never been a labor arbitrator, but I have tried over a hundred labor arbitration cases and, although there were obviously some I lost that I should have won, that is the view of any litigator.<br /><br />5. In commercial and employment arbitration (as in American Arbitration Association labor arbitration), the parties select arbitrators from a panel assembled by the AAA. AAA arbitrators have to be trained and take continuing legal education each year. <br /><br />6. The AAA has a consumer arbitration panel. I have heard one case – someone bought a used SUV with 121,000 miles on it and complained when the transmission went out after 12,000 more miles in 7 months. See comment 2.<br /><br />7. FINRA [Financial Industry Regulatory Authority], which deals with disputes involving brokers, follows somewhat the AAA pattern in selecting arbitrators. I have heard only one FINRA case. I have been assigned to a dozen others as part of a panel but the cases have always settled out. <br /><br />8. I have never heard of an arbitration firm, so I had some difficulty understanding what the article was referring to. Clearly, however, if an employer forced a customer/employee to use a particular arbitrator, there is a great potential for abuse. However, any arbitration organization I have ever been involved with either gives both parties a choice or assigns arbitrators at random. <br /><br />9. Both the AAA and FINRA are adamant on the arbitrators disclosing any contact – business, social, etc. – with parties, attorneys, and witnesses, to safeguard the process. <br /><br />10. Obviously, any arbitrator who has the kind of contacts with parties during arbitration described in the <i>NYT</i> article is acting unethically.<br /><br />11. USS [United States Steel] Law Department policy is opposed to arbitration because of the absence of any ability to appeal to court except if the arbitrator exceeds his authority, etc. Nevertheless, I got two out of the three arbitration awards I challenged in court vacated. Moristotlehttps://www.blogger.com/profile/02211602374384087074noreply@blogger.comtag:blogger.com,1999:blog-28676316.post-88425939663064172822015-11-06T15:38:24.412-05:002015-11-06T15:38:24.412-05:00Thank you, thank you! Australia deploys sheepdogs ...Thank you, thank you! Australia deploys sheepdogs to help a penguin colony. Only in Australia photo. A 19th century Christian sex commune. Remember your child within. Merry cemetery. Door knockers, please note. Arbitration everywhere. Friends furever. Writer and editor since mother's teat....Moristotlehttps://www.blogger.com/profile/02211602374384087074noreply@blogger.com