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Mar19
Pros/Cons of Litigation
The following is not legal advice.

 

Gay Grunfeld spoke in San Francisco on March 10, 2007 about arbitration and litigation issues.  Grunfeld graduated from Columbia University and works as litigator in San Francisco, CA.  She is an associate at Rosen, Bien & Galvan, LLP.

 

Arbitration may not desirable because they require attorneys to learn the rules associated with arbitration agencies such as JAMS or AAA.  The agencies have specific rules that differ from civil laws that attorneys may be familiar with.  Attorneys know the rules of court, but don’t necessary know the rules of all the various types of arbitration rules. 

 

Sometimes juries provide reasonable results compared to the decisions of arbitrators.  Many attorneys do not try many cases because the cases usually settle prior to trial.  In California state courts, there is non-binding arbitration that is basically free to the parties in a litigation.

 

In this non-binding arbitration, the judicial arbitrator volunteers and does not charge a fee.  The parties get a ruling from someone who does not have a stake in the case, and who does not know the parties.  The non-binding arbitration does not occur until someone brings a lawsuit, but usually results in the parties settling afterwards.  The parties get an assessment of the risks of the costs in continuing with the case. 

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