Happy birthday to me!

This picture is obviously from a different birthday... I spent this year's birthday in an arbitration hearing, with much less cake. In fact there was no cake at all. There were, however, cookies and candy. Arbitration is unlike an actual trial in this respect. In fact, it's unlike an actual trial in many respects. While the underlying dispute is still litigated, and by that I mean that each side presents facts and arguments and a ruling is ultimately delivered, it's all much less formal a proceeding than a regular trial. At this one, for instance, we all sat at a long conference table. We could take breaks easily and at the suggestion of either party. There were the aforementioned snacks provided by the organization hosting the arbitration (I think they're mostly offered in support of the mediations that also take place there in the hopes, since mediations are generally non-binding, that parties will be more likely to settle if they don't get cranky from low blood sugar), the judge was (and usually is) an arbitrator chosen by the parties, and there's no avenue of appeal. For an arbitration the parties will have agreed to have their dispute adjudicated privately, outside the direct control of the courts. On the other hand, testimony and evidence is still given, matters of law are still argued, and the rules of evidence still apply. In other words, it's the essence of a trial distilled.
Which was all very interesting to observe, but it did mean I spent my birthday working, which was kind of sad. I've spent the last three birthdays in the midst of final exams, and I was sort of hoping to get one last birthday to myself before I become a full-fledged lawyer and never have any free time again...
Edit 4/29: I wish I could remember what it was like to be one. Or at least I could remember how it felt, that unbridled joy that my face clearly conveys upon seeing the cake...
Comments (2)
Don't arbitrators get paid by the hour? And doesn't that make them want to drag out the process? Nice photo.
Posted by biff | April 28, 2007 2:37 PM
Posted on April 28, 2007 14:37
Yes, they get paid by the hour. But like anyone paid by the hour, if it becomes obvious to the people who are paying you that you're just wasting time to pad the bill, you won't be hired again. Also, before the arbitration even convenes the parties will have agreed and notified the arbitrator how much time they think it will take. What I could see as being a problem, however, is if one party uses more than their fair share of that, in which case I'm not sure what the remedy is.
Posted by Cathy | April 29, 2007 6:45 AM
Posted on April 29, 2007 06:45