Re: Problems with Juries [was: A modest proposal]

From: John Clark (
Date: Mon Feb 07 2000 - 08:51:37 MST

<> Wrote:

>how do you get the two sides to agree on an arbitrator?

If we can't agree on anything then the arbitrator would have to be picked from
random or assigned by some third party. If that happened then my wishes would
have absolutely no influence on picking the person who will decide my fate;
that gives me a powerful incentive to compromise and stop making unreasonable
demands, like insisting that my mother be the arbitrator.

It is also possible to pick an arbitrator before a dispute happens. When two
companies sign complex contracts they often decide right then who will
arbitrate it if disagreements in interpretation occur in the future. In business
a quick decision, even if it's against you, is often better than being stuck in
limbo for years by a byzantine and expensive judicial system.

      John K Clark

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