Project description:
Please answer each questions separately and use reading provided:
Question one:
Students, please note the difference between simple Arbitration and “Binding Arbitration”. In “Binding arbitration” all decisions by the arbitrator are binding, meaning the parties cannot appeal the decision and must accept the decision of the arbitrator. In my field of law, personal injury, binding ADR is used often to resolve cases. Parties know ahead of time that the decision of the arbitrator will be final. This form of ADR helps to cut down on the number of cases placed in the court house since the court are already flooded with legal actions. It also helps cut costs for all parties. Students, what costs are saved by going to binding ADR?
Question 2:
Students, one of the best ways to find a judge/arbitrator who is unbiased is find one who has been has alot of experience and a good reputation within the community for arbitrating. Find out what other similar companies are saying about specific arbitrator and see who they are using. You may even be able to look at past decisions to see if you deem them fair or could just ask someone at a similar company if they are happy using this arbitrator. These above methods can at least get you on the right path and curtail you from hiring a biased or poor arbitrator. Research and word of mouth is the key. Students any other thoughts?
Question 3:
Students, it is always good to do research before picking an arbitrator, take this example below where prior research could have helped avoid the following: As a result of my job experience I have handled hundreds of arbitrations. Unfortunately, though the years I have found some judges to be “in bed” with some law offices. In one example, I discovered that Law Firm “A” would only arbitrate cases with judge “A”. Then I would realize that about 95% of the decisions on cases involving judge “A” with Law Firm “A” would result in a generous decision for Law Firm “A”.
After this realization my employer stopped using judge “A” to arbitrate any of our cases. Although complaints were made to the arbitrating facility about judge “A”‘s biased decisions, nothing ever came of it and he soon retired. Students, what type of safeguards do you think could help deter this type of behavior? What type of punishment could have been handed out to the judge? What about the law firm?
Question 4:
Students, now let us discuss:
Common Law versus Statutory law: Common Law is made by appellate courts and is based on the fundamentals of previous cases that had similar facts. The origins of Common law are deep-seated in British common law that has developed over several centuries beginning around 1066. Statutory Law exists at the state, federal and local levels of law, created by a legislative body and approved or disapproved by the executive branch. When interpreting statutes courts look to the structure of the law itself (statutory scheme) and to the records kept by the legislature in drafting the statute (legislative history). Students, discussion of common law and statutory law leads me to another topic. The doctrine of Stare Decisis and Precedent. How does this doctrine have an affect our society and our legal system?