If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
Win Rate: Consumers prevailed in 41.7% of arbitrations that terminated with awards compared to 29.3% of litigations that terminated with awards. Employees prevailed in 37.7% of arbitrations that terminated with awards compared to 10.8% of litigations that terminated with awards.
Arbitration Forums, Inc. is a not-for-profit organization that handles disputes amongst its nearly five thousand members. These members agree to have specially appointed arbitrators hear their cases in lieu of taking the dispute to a court of law.
Eric Spencer is president and CEO of Arbitration Forums, Inc. (AF), the nation's largest arbitration services provider. He joined AF in May 2024 after five years with American Family Insurance, where he was vice president of auto adjusting services.
The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings.
But two unspoken reasons are also driving the trend toward arbitration. First is the fact that arbitration results tend to favor employers over employees. There are lots of institutional reasons for this bias, starting with the fact that the corporation is responsible for actually paying the fees for the arbitrator.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
The five most preferred seats for arbitration are London, Singapore, Hong Kong, Paris and Geneva.
Arbitration is often in a condition of employment. For example, an employee complained that she's been biased and unfair. For example, research by Colvin reveals employees win 36.4 percent of discrimination cases in federal court and 43.8 percent in state court, but only 21.4 percent in arbitration.