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1. JumpCr+(OP)[view] [source] 2023-10-23 21:23:08
> Average Joe cannot go toe-to-toe in the legal system

This is sort of the point of arbitration.

replies(2): >>ceejay+02 >>ljm+O3
2. ceejay+02[view] [source] 2023-10-23 21:36:10
>>JumpCr+(OP)
In theory.

In practice, the company still has a big advantage in arbitration.

https://www.gsb.stanford.edu/insights/why-binding-arbitratio...

> The problem is that companies generally know more than customers about an arbitrator’s record and thus are likely to strike out arbitrators who are more inclined to rule in favor of consumers. On average, each securities firm in the study had been involved in 81 other arbitrations. In non-securities disputes, such as those with cellular carriers, the average company had been in 133 hearings. By contrast, most consumers have never been involved in a previous arbitration and tend to strike arbitrators randomly. As a result, the firms’ informational advantage leads to systematically biased outcomes.

replies(1): >>JumpCr+g5
3. ljm+O3[view] [source] 2023-10-23 21:46:21
>>JumpCr+(OP)
If the arbiter is publicly funded and therefore without bias, sure. In the UK that is ACAS. If the business you have a problem with is paying for its own arbitration service then you are automatically on the back foot.
replies(1): >>JumpCr+7h
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4. JumpCr+g5[view] [source] [discussion] 2023-10-23 21:55:38
>>ceejay+02
> the company still has a big advantage in arbitration

Not as big as in litigation. Yes, companies have familiarity. But the win rates in arbitration are way more favourable. Because you can’t starve your opponent as a strategy.

replies(1): >>ceejay+48
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5. ceejay+48[view] [source] [discussion] 2023-10-23 22:10:51
>>JumpCr+g5
Win rates are one aspect. Win amounts are another.
replies(1): >>JumpCr+ff
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6. JumpCr+ff[view] [source] [discussion] 2023-10-23 22:55:19
>>ceejay+48
> Win rates are one aspect. Win amounts are another

For JAMS and AAA, compared to federal courts, after accounting for litigation costs, on average, no. (At the tails, yes. But this doesn't apply if you can pull off federal litigation.) Do you have research to the contrary?

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7. JumpCr+7h[view] [source] [discussion] 2023-10-23 23:10:25
>>ljm+O3
The problem is more firms having a voice in selecting the arbitrator than them paying for it [1]. TL; DR If you're going into arbitration, don't be passive about the selection process.

[1] https://www.hbs.edu/ris/Publication%20Files/19-046_6706ef32-...

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