Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version nyu B notes v1.5 12/10/84; site acf4.UUCP Path: utzoo!watmath!clyde!burl!ulysses!allegra!bellcore!decvax!genrad!teddy!panda!talcott!harvard!seismo!cmcl2!acf4!greenber From: greenber@acf4.UUCP (ross m. greenberg) Newsgroups: net.flame Subject: Not a flame: Arbitration Info Message-ID: <580014@acf4.UUCP> Date: Thu, 17-Jan-85 10:09:00 EST Article-I.D.: acf4.580014 Posted: Thu Jan 17 10:09:00 1985 Date-Received: Sun, 20-Jan-85 06:16:18 EST Organization: New York University Lines: 72 <> The recent postings regarding lawyers and the legal system brought to mind the fact that many people don't know about arbitration. First, please recognize that arbitration will not and can not replace the CRIMINAL justice system, but it can replace the civil justice system very well. For those of you who have not heard of arbitration let me clue you in on it (I happen to be an arbitrator, too): Due to a strange occurrance with a client, I found myself going to arbitration over a contract. The client thought one way, I thought another, and the bill wasn't paid. So we went to arbitration, told the story to the arbitrator, and the case was settled in about three days (I basically won, though it is sorta fuzzy --- I got most of the money in question, at least!) The American Arbitration Association, with offices thoughout the country, offers a real service for very few bucks. Basically the process works like this: I have a grievance. I fill out a form from the AAA and let them know what the grievance is. They advise my adversary of this, and request from each of us a list of days in the next three months that we are not available. They also give a list of arbitrators (usually 5-7) for each of us to rank as towards our preference. Then we sit back and wait for a letter to say: "Arbitrator X has been choosen for your case, which is on date: XX/XX/XX" We go to the arbitrator, tell our stories, he asks questions, we tell more stories, and then finally it ends. A few days later we each get the results (called an "award"). The award can be questioned, but only to the arbitrator, who can confirm it, or change it. If it is changed, then it can be challanged again. The award can stand up in court (usually). The most important aspect (to me!) of the process is the selection of the arbitrator. AAA sends over the names of people that are specialized in your field. I, as an arbitrator, only do arbitation work regarding computers/data-systems/consultants, etc. So you don't have to spend your valuable time educating judges and juries about the difference between RAM and ROM. The only thing is that you MUST have an Arbitration Agreement with your adversary (mine reads as follows): "In the event of any claim and or greivance arising from this agreement or part thereof, both parties agree to bring such claim and or grievance before the American Arbitration Association in, for arbitration under their then current Commercial Rules. Any such award that the Arbitrator may make shall be considered final and binding by both parties and may be entered into any court of competent jurisdiction for reduction to a summary judgement." I know that being an arbitrator is not an easy task: we get paid nothing, it uses up our time, and making the RIGHT decision in a case is very difficult (it is easy to always cut the baby in half, but rarely right!). The Arbitrator is basically both judge and jury: pick one whose credentials you think will satisfy your needs the most. Remember that your adversary is doing the same thing! ------------------------------------------------------ Ross M. Greenberg @ NYU ----> { allegra,ihnp4 }!cmcl2!acf4!greenber <----