Arbitration is Changing the Game
Posted on November 2, 2015 in Arizona Law Regarding Business and Real EstateArbitration is changing the legal game. Be on your guard if you are faced with this. When Dr. Pierce accused her medical group of permitting sexual harassment she was forced to arbitrate in place of the filing a lawsuit. Presiding over the case was not a judge but a corporate lawyer, Mr. Kalogredis. When Dr. Pierce showed up one day for a hearing, she said she noticed Mr. Kalogredis having coffee with the head of the medical group she was suing. Wow!
During the proceedings the practice hid evidence. It destroyed audio tapes. Dr. Pierce thought things could not get any worse until a fellow doctor reversed key testimony she had given in Dr. Pierce’s favor. The reason: Male colleagues had “clarified” her memory. Wow x 2.
When Mr. Kalogredis ruled against Dr. Pierce, his decision contained passages pulled, verbatim, from legal briefs submitted by lawyers for the medical practice. Wow x 3.
“It took away my faith in a fair and honorable legal system,” said Dr. Pierce, who is still paying off $200,000 in legal costs seven years later. If the case had been heard in Maricopa County Civil Court, Dr. Pierce would have been able to appeal, raising questions about testimony, destruction of evidence and conflicts of interest. But arbitration often bears no resemblance to court. You seldom can appeal.
So, if you are forced to arbitrate make sure you hire an experienced lawyer to at least hire an honest arbitrator. An experienced lawyer can then present your case in the best possible light. Call Bill Miller from Scottsdale, Arizona at 602-319-6899 to discuss. Our address is 8170 North 86th Place, Suite 208 Scottsdale, AZ 85258. While, the game may change, the deck need not be stacked against you.