July, 2002

In Boston, we pronounce it: "Ahbahtration"

Ever feel like no one in the courts will listen to you?  If you could just talk to the judge for five lousy minutes. . . then s/he would understand what's really going on here and the case would be over.  But alas, your appearances before the judge are few and far between, and when you finally do get before the bench, s/he won't even give you a chance to really speak.  It's so frustrating you want to scream, or worse, give up on your case.  

It is a reality of our judicial system that there are just not enough judges to go around.  This is why the courts will "encourage" you to settle your case: they will send you to mediation; they will send you to 4-way conferences; and they will send you to Judicial Economics 101 (where you learn that you will spend more in attorneys' fees than you can hope to recover in a trial - ergo, settle your case). And you will be constantly reminded by your attorney that the judge won't have time to listen to every little detail of your case.  

But they are not "little details" to you.  To you, they are important facts.  So what can you do?  Hire your own judge.  Or rather, bring your case to a private court, also known as "arbitration."  This is when you present your case to an arbitrator, who acts like a judge in almost every respect.  Both sides present their evidence just as in court, and the arbitrator renders a decision which is as binding on the parties as a judge's is.   

There are many advantages of arbitration over the courtroom.  First is speed.  You case goes to trial in a fraction of the time.  What takes the court years to do can be done in a matter of months in arbitration.  Second is the lack of evidentiary red tape.  How many times have you have a killer piece of evidence to introduce only to be told the courts won't allow it into evidence.  Arbitration is more relaxed when it comes to admissibility of evidence, so you will have a better chance of getting that photograph or tape recording in. Arbitration can also be conducted in a much more relaxed environment.  You may find  yourself more at ease sitting around a conference table as opposed to being in the courtroom setting.

And the disadvantages?  Well the primary one is the cost.  An arbitration hearing averages $1,000.00.  But considering what you save in legal fees, this too can probably be placed in the "advantages" column.  

So, the next time you can't agree with someone, at least consider agreeing on sending your case to arbitration.