Posted by ChrisM on November 20, 2000 at 17:22:52:
In Reply to: Re: Any legal lawyer types out there? posted by MHK on November 20, 2000 at 15:52:32:
The first one, that is.
If you have a mandatory ADR provision, the first thing the judge will do is send it out to arbitration just to get it off his or her docket - then you have discovery (maybe, generally can't get it unless the parties agree) and arbitrator fees and costs, etc. and all you are doing spending money so that one side (probably plaintiff) can drag the case back to court because the arb will not be binding, at which time you can bring your motion for summary judgment, which you will win if you have a good waiver (and by the way, signing a valid waiver is indeed a fact, but one that precludes consideration of other facts - i.e. causation and injuries).
As a defendant in these types of cases you'll just end up spending needlessly with an ADR agreement. Without it, you can bring your motion as soon as allowed.
Mandatory ADR's are much more beneficial in medical contracts, where it prevents a plaintiff (rightly or wrongly) from appealing to the sympathies of a jury for what can be horrendous injuries.
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