I wonder if this would have affected the result, though. I haven't been through either process, but it seems like either would be a venue for making your case and getting a fair judgement. My understanding (which could be totally wrong, please correct me) is that companies mostly force arbitration because it is cheaper and less variable than trials, not necessarily because the results tend to be biased toward them. Is that true?
My understanding is that it's cheaper because it is mediated by largely by a single person in a conference room, rather than the heavier process of collecting a jury. And it's less variable because juries are variable. Neither really requires a specific bias to exist for it to be true.
It is definitely possible that arbitrators interact with the company repeatedly and so there is gravity towards deciding in their favor, but I have no idea on the size of that effect.
Arbitration is not nearly as one-sided as people make it out to be. It's much more about making sure that the case can be completed quickly than it is about the company winning.
If you have an absolute lay-up of a case (something like "my company fired me because I got pregnant, and lied about by pretending to change their mind about something they'd already approved of"), then you're going to win the arbitration case. Well, more accurately, the company's going to throw a pile of cash at you before it even gets that far, because they screwed up and the first time legal hears about it, the first words out of their mouth will be "you did fucking what?".
It is nigh impossible to cleanly fire an employee from the time you learn they're pregnant, to like a year after they come back from maternity leave. Unless they broke into your office and took a shit on the desk, the default opinion of every judge is going to be "I read about this exact scenario while studying for the bar, literally textbook".
I wonder if this would have affected the result, though. I haven't been through either process, but it seems like either would be a venue for making your case and getting a fair judgement. My understanding (which could be totally wrong, please correct me) is that companies mostly force arbitration because it is cheaper and less variable than trials, not necessarily because the results tend to be biased toward them. Is that true?
Have you wondered why its cheaper and less variable than trials?
My understanding is that it's cheaper because it is mediated by largely by a single person in a conference room, rather than the heavier process of collecting a jury. And it's less variable because juries are variable. Neither really requires a specific bias to exist for it to be true.
It is definitely possible that arbitrators interact with the company repeatedly and so there is gravity towards deciding in their favor, but I have no idea on the size of that effect.
2 replies →
Have you proven why? To make my point again: we just feel like it won't work so we don't even try
1 reply →
Arbitration is not nearly as one-sided as people make it out to be. It's much more about making sure that the case can be completed quickly than it is about the company winning.
The company, of course, knows all the tricks to win consistently.
That's just as true in real court.
If you have an absolute lay-up of a case (something like "my company fired me because I got pregnant, and lied about by pretending to change their mind about something they'd already approved of"), then you're going to win the arbitration case. Well, more accurately, the company's going to throw a pile of cash at you before it even gets that far, because they screwed up and the first time legal hears about it, the first words out of their mouth will be "you did fucking what?".
It is nigh impossible to cleanly fire an employee from the time you learn they're pregnant, to like a year after they come back from maternity leave. Unless they broke into your office and took a shit on the desk, the default opinion of every judge is going to be "I read about this exact scenario while studying for the bar, literally textbook".
See that's part of the difficult process. Mandatory arbitration clauses aren't even always valid.but we just assume they are.
they want you to sue your phone