[quote author="EvaLSeraphim" date=1256034204][quote author="MojoJD" date=1255995740]Absolutely everything is misguided and just <strong>factually incorrect</strong> about your comments. You obviously have no actual experience in this area. Arbitration is a very regulated process and is a means of promoting efficiency. They often come to better results than juries (less likely to be persuaded by emotion, rather than actual facts).
Also, sexual abuse/assult/discrimination in the workplace is not what you think it is. In major corporations, this kind of crap gets filed <em>ALL THE TIME</em>. Does it mean every major corporation is a rape-fest?!!? NO!!!!!!!!!!!!
The VAST majority of them are frivolous lawsuits. Even the ones that have <em>some</em> merit revolve around some uptight individual not liking an off-color email forwarded around the office. Defending all of them in the civil courts can be a daunting financial responsibility. The bullshit plaintiffs know this, and aim for a quick settlement in hopes that the corporation won't actually invest the money to [justly] win the frivolous suit.</blockquote>
Your defense counsel stripes are showing.
If the arbitration process didn't significantly favor the employer over the employee or business over the consumer, you wouldn't see so many companies, doctors, financial services companies, etc. putting arb clauses in their contracts and employee handbooks. While arbitration is somewhat regulated, it is not "heavily" regulated, and courts will often allow the parties to determine the scope of the arbitration. It makes a lot of sense for commercial disputes. Employment and consumer disputes? Not so much.
I am confused why as to why you characterized sexual abuse / assault / discrimination as "crap."</blockquote>
EvaL -
Please correct me if I am wrong, but does arbitration favor the employer over the employee because most of the lawsuits brought about are frivolous and BS? Also, I would imagine a panel of three judges/lawyers with experience relating to the specific issues and laws at hand would make better decisions, on average, then John Six Pack and Suzy Q in a jury box.
Arbitration may not be perfect for employment disputes, but again, nobody is forcing anybody to work for a company that uses arbitration.