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“Kindle 4″ sounds interesting. Do you think Amazon is preparing another Kindle besides their long time rumored tablet?

There are times when partied end up in court but feel they are not being heard enough or put to the table what they feel. In a dispute resolution process, there is more control over the process and parties will have equal opportunities to speak up and state their case.

 If the parties do not have a written agreement as to how to choose the trial resolution judge, the judge will appoint someone who meets the qualifications at random. There is no “de novo” review of the facts at any appellate level. The harmless error rule applies unless a constitutional issue is raised. This means that even if an error was made, if it would not have changed the outcome or did not substantially prejudice a party, the ruling will stand. So, you ask, who pays for all this? The parties pay for it. However, most court ordered arbitration has a cap on fees.

 
The arbitration hearing is supposed to proceed less formally than a trial. However, in practice, the hearing tends to proceed almost exactly like a civil court trial. The rules of evidence may be applied less strictly, but the basic presentation is pretty much the same. Some arbitrators ask everyone to work while sitting, as if this is somehow a meaningful concession to “informality.” With all respect to this view, I prefer to stand in examining a witness, and do not think it is appropriate for any arbitrator to tell me how to present the case.