The parties retain the services of a professional arbitrator working for an arbitration organization such as the for-profit JAMS or the American Nonprofit Arbitration Association. This arbitrator behaves like a judge and is sometimes a retired judge, whereas he or she could also be a lawyer, or even someone without formal legal training, but may have expertise in the matter. Unlike the court system, arbitration does not have an easy way to appeal a decision. Unlike the judicial system, there is no judicial appeal procedure. If an arbitration agreement states that the arbitrator`s decision is binding, then you may be stuck. Compare this to an arbitration proceeding which is usually a private proceeding conducted by an arbitration organization, some of which are profit-oriented and mandated by one of the parties to the dispute. (If both parties do not bear the costs of the arbitration, it is often the company that is sued, not the person who is actually compelled to arbitrate, the arbitrator`s client.) In some cases, the proceedings even take place in places such as the offices of the law firm representing the defendant. Often, the arbitrator`s client is the company that is the subject of a claim. The New York Times was investigating this weekend the rise of an opaque legal process called arbitration, supported in recent years by two Supreme Court rulings.
In a way, it would seem that the traditional judicial system and arbitration are similar: a plaintiff brings an action against a defendant and each party presents evidence before a decision-maker who ultimately renders a judgment that ideally resolves the dispute. On the other hand, consumers who resort to arbitration in financial or mobile contacts may look for companies that do not use them. According to Consumer Reports, medium-sized banks and credit unions do not require conciliation. You do not need to sign an arbitration agreement to receive medical care. If your doctor, nursing home or hospital insists that you sign an agreement, that`s not a good sign. Choosing another caregiver would be wise. In an emerging situation, you cannot refuse care because of your decision not to sign the arbitration agreement.. .