What is Arbitration?
Arbitration is, “the submission for determination of disputed matter to private unofficial persons selected in manner provided by law or agreement.” (Black’s Law Dictionary 134. 4th Ed. Rev. 1968)
Arbitration is a form of Alternative Dispute Resolution, serving as an alternative to a jury trial. It involves a legal dispute being settled by a neutral third party to a plaintiff and defendant. That third party is known as an arbitrator. In arbitration, unlike other kinds of ADR, the arbitrator’s decision on a matter is final. In that way, arbitration is somewhat like a mini-court case. However, there are differences in the role of an arbitrator in arbitration and a judge in a court case. Arbitrators are chosen and agreed upon by both parties rather than appointed. They do not necessarily need to have legal expertise, although many do. It is also harder to appeal an arbitrator’s decision than it is to appeal a court’s decision.
Arbitration can either be voluntary or compulsory. It is voluntary when both parties freely agree to terms at the time of arbitration. It is compulsory when there is a prior agreement that may require one party to arbitrate and outlines the terms of arbitration. Compulsory arbitration is typically found in contracts. Some commonly observed benefits of arbitration are that it is a quicker, cheaper, and more private alternative to the court system. However, some cons are the limited appeal rights and potential for bias in individual arbitrators that come with arbitration.
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Allentown Workers’ Compensation and Third Party Claims
Allentown Work Injury Lawyers: Munley Law Personal Injury Attorneys Will Help With Third-Party Claims
Work-related injuries can be catastrophic and disastrous. You can sustain long-term injuries or permanent disability as you carry out your daily duties at your workplace. If you get hurt at work in Allentown, you have the right to file a workers’ compensation claim. However, workers’ compensation might not be enough to cover all of your economic and non-economic losses. In many cases, you may be entitled to pursue third party claim damages in addition to your workers’ compensation benefits.
If you get injured at work due to another person’s actions (other than your employer or coworker), you have the right to file for a third-party claim. For instance, if you are driving as part of your job and are struck by a reckless driver, you may file a workers’ […]
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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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Uber will no longer force assault victims to arbitration
Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed. Rather, these cases can now be brought to court and be heard by a jury.
Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.
The policy change does not include other forms of harassment.
Arbitration used to silence victims of assault and harassment
Because of confidentiality agreements, […]
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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
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New York Man Awarded $1.5 Million After Debilitating Auto Accident
A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.
The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle. He was diagnosed with acute lumbar spine injuries. The defendant‘s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.
InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
