Arbitration vs broker: if a mediator should be selected on the panel...

Discussion in 'Risk Management' started by Recovery123, Feb 5, 2012.

  1. I filed a case in pro se against my broker for lack of risk disclosure etc. DO you agree that for someone who is hoping to get a full recovery for losses with his broker through mediation should select (or rank) arbitrators who are not trained in mediation?
     
  2. I think you have to try to evaluate how the facts of your case will go over with different potential panel members.
     
  3. I am holding at a tie breaker.
     
  4. You just joined, but I will relate my experience in case other ET members
    need to deal with arbitration. My experience is with American Aribitration
    Association on a software contract dispute that I won a large award from.

    I think my experience applies to your case as well. Look at possible arbitrator
    resumees. Look for conflicts and experience. The legal system sort of makes
    people into automatons so a lawyer who has represented brokers will think
    the broker way.

    Another hint, after narrowing down the list, ask your lawyer to tell you
    the arbitrator's track record. Your lawyer will know from word of mouth
    if nothing else, but you may need to be insistent to get that information.
    Mostly I think arbitration is a pretty good except if one has a good case,
    where it allows the other side to stall for years.
     
  5. Thanks for info. looking forward for more.

    Correction: Message should say "through arbitration" instead of "through mediation"