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net-ARB Overcomes Drawbacks
to Traditional ArbitrationArbitration has its detractors. These are some of the most frequently made claims against arbitration.Drawback . . .
People don't know that they have signed a mandatory arbitration clause| | Mandatory arbitration has been given a bad name. Misconception and misuse are the blame, not arbitration itself. Arbitration has stood the test of centuries as an effective and preferred dispute resolution tool, with records from 4th century BC ancient Egypt attesting to its use. Numerous 20th century international conventions and laws have affirmed the world's continuing support for arbitration.
Arbitration clauses make sense when hearings are fair and easily available. net-ARB's world-wide client base knows no hometown favoritism. net-ARB's arbitration by email couldn't be easier and net-ARB's low fee couldn't be more affordable. Exercising arbitration clauses with net-ARB makes mandatory arbitration a benefit for everyone. | |
Drawback . . .
In mandatory arbitration both parties give up their right to a jury| | There is no denying that the right to have your case heard by a jury is special. But lawyers would argue that they would prefer a judge over a jury in a lot of cases. Courts give you a choice of one unbiased smart person who knows the law or 12 average people. And there is always danger of a single judge's confusion over a key aspect of your case, or an outspoken jury member who just doesn't see things your way.
net-ARB's design reduces those dangers to nearly non-existent by offering easily affordable panels of professional arbitrators — three unbiased smart people AND the 'safety in numbers' you get with a jury. | |
Drawback . . .
The additional cost of arbitrators is often prohibitive| | net-ARB knows traditional fees make arbitration a burden for most people. It was in response to this drawback more than any other that net-ARB was created. Making arbitration affordable remains the bedrock of net-ARB's mission. The fact that we also made it quick and efficient is icing on the cake. | |
Drawback . . .
Arbitrators need repeat corporate business so are biased against consumers| | Unfortunately, many local arbitration firms do. They have to in order to stay in business. It's unfortunate but true that most people don't think of arbitration as their first choice. They see a lawyer and go to court. Corporations are smarter and see the merits of arbitration, so they become the repeat customers that enable arbitrators to put food on the family table every week.
But to say it's biased against consumers is wrong. All of the available data show that arbitrators come to the same conclusions that judges do and that consumers fare at least as well in arbitration as they do in the court system. In a study sponsored by Ernst & Young, researchers also found that individual parties receive more of what they ask for in arbitration versus the lawsuit system (Empirical Evidence Indicates Individuals Fare Well in Arbitration, www.disputeresolution.ncbar.org, June 2005).
Once again, net-ARB's low cost by design makes arbitration affordable to everyone which removes the consumers' barrier to arbitration making net-ARB's clientele spectrum more balanced and diversified at the same time. net-ARB values individuals as well as corporations as we strive to maintain a balanced and diversified clientele profile. | |
Drawback . . .
Arbitration is final so erroneous decisions can not be overturned| | The truth is many courtroom decisions are wrong but few are ever overturned. The appeal process is designed to catch courtroom errors in rules, procedures, legal interpretations, ethical breaches, or to make new law, to name a few reasons. Most people only find out when it's their turn to want an appeal that appellate courts do not retry cases or re-examine evidence and second-guess the trial judge. Plus the cost of an appeal makes that an impossible option for many people. | |
Drawback . . .
Scheduling conflicts make panel arbitration difficult and prone to delay| | Once again net-ARB overcomes this traditional arbitration problem. Hearings are conducted entirely by email over a typical period of several days, so net-ARB fits anyone's schedule, 24/7, including the arbitrators. net-ARB maintains a roster of qualified arbitrators from all over the world, yet our hearings are not delayed in the least by scheduling problems. | |
net-ARB has Revolutionalized Arbitration!
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