Shanus-REA suit

[Kenny Cole]

Originally Posted by Peter_Spaeth

Bill, sorry I missed your question, private parties can certainly agree to arbitrate almost any dispute, and I see no reason they could not have done so here. However, it's frequently the case that one side, or both, perceives that they will have the advantage with a jury. Parties can also enlist a mediator to help them try to resolve their dispute, and that's popular these days in certain types of cases and sometimes useful. Certainly both alternatives are more cost-effective.

I'm not sure I agree with that. I don't have a problem mediating but I will never voluntarily participate in an arbitration. Yes, I am sure that the fees in this case were high. But that can also occur in a long, ugly arbitration. I have a friend who is arguing an appeal of an arbitration award he won in a business dispute at the 10th Circuit next week. Its been going on for years. His fees are huge, as are the fees of the other side's attorney, I'm sure. Plus, you also get to pay the fees of the arbitrator or the arbitration panel if there is more than one. I also think that process is skewed in favor of those who participate in arbitration frequently. No thanks. I'll take a jury any day.

[Peter_Spaeth]

Originally Posted by Kenny Cole

I'm not sure I agree with that. I don't have a problem mediating but I will never voluntarily participate in an arbitration. Yes, I am sure that the fees in this case were high. But that can also occur in a long, ugly arbitration. I have a friend who is arguing an appeal of an arbitration award he won in a business dispute at the 10th Circuit next week. Its been going on for years. His fees are huge, as are the fees of the other side's attorney, I'm sure. Plus, you also get to pay the fees of the arbitrator or the arbitration panel if there is more than one. I also think that process is skewed in favor of those who participate in arbitration frequently. No thanks. I'll take a jury any day.

The commercial arbitrations I have been involved in, and I am not saying they were inexpensive by any means, greatly streamlined the motion practice and massive discovery that make complex civil litigation so inordinately expensive. It may not be true in every instance, but assuming you have a dispute that isn't going to be resolved by dispositive motion or settlement, arbitration usually will end up costing less in my opinion. Now of course as you rightly point out there may be other reasons you would still prefer a jury or bench trial, no question.

[frankbmd]

Are the baseball challenge rules mediated in NYC more akin to an arbitration panel or a jury trial?

I would say an arbitration panel in NYC and a jury trial in the broadcast booth.