Comments on: ADR? Them’s fightin’ words

By: The absent defendant: arbitration vs. court

The absent defendant: arbitration vs. court — Tue, 10 Jun 2008 19:42:41 +0000

[…] (Justinian’s post also repeats the canard that because the anti-arbitration bills only ban mandatory arbitration, consumers haven’t lost any choice because they can still arbitrate if they like. Of course, we’ve repeatedly demonstrated why pre-commitments to arbitration are necessary for honest consumers to realize the maximum benefits from arbitration, and Justinian’s failure to acknowledge that argument, as well as his failure to account for the refutation of the Business Week story, further demonstrate the bad faith of the litigation lobby’s campaign against consumer choice.) […]

By: Commentor

Commentor — Tue, 27 Nov 2007 17:26:08 +0000

In practice, arbitration is usually quicker but not cheaper than traditional litigation. You generally have to prepare your case just like you are going to trial and you often have just as much discovery.

By: Houstonian

Houstonian — Tue, 27 Nov 2007 16:37:20 +0000

The irony is that lawyers who oppose arbitration for others require it for their own clients. When I signed on as a client with John O’Quinn’s law firm, I was required to sign an agreement that any dispute be taken to arbitration. Since I became a client after the dispute he just lost, I wonder if that dispute prompted him to require arbitration.

By: save_the_rustbelt

save_the_rustbelt — Tue, 27 Nov 2007 14:46:35 +0000

While I am generally a supporter of ADR, I am concerned about employers using ADR to bypass civil rights laws.

Seems to create a very one-sided situation, not to mention bad public policy.

By: Bob Neale

Bob Neale — Tue, 27 Nov 2007 14:01:55 +0000

The real reason Plaintiffs’ lawyers oppose ADR is they love the unpredictability of juries. Companies pay larger settlements b/c they have no idea if a jury is going to act rationally. Lawyers get paid plenty in ADR, but Plaintiffs want more.

Ask any corporate counsel about how much ADR costs. The costs these days in ADR are nearly what they are in traditional litigation.

By: Dick

Dick — Tue, 27 Nov 2007 12:15:21 +0000

It’s now “of the lawyers, by the lawyers and for the lawyers.”