If you’re litigating over a contract that contains a mandatory arbitration clause, then you may have no choice but to go to binding arbitration. A lot of doctor’s offices seem to have arbitration agreements in their regular patient paperwork. They require you to sign before you see them.
The advantages of arbitration are:
- You can participate in handpicking your arbitrator.
- There may be more flexibility in terms of the timing of the arbitration hearing.
- Presenting your case is faster and less costly than court proceedings.
However, juries tend to be far more generous than arbitrators in rendering fair rewards, especially for emotional harm. I think arbitrations are usually bad for plaintiffs.
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