Victim of Racial Discrimination? You Take 'Em to . . . Arbitration?

The old People's Court with Judge Wapner featured commentator Doug Llewelyn coining a phrase that became iconic in American legal culture:  "If you're involved in a dispute such as this with another party and you just can't seem to work it out, don't take the law into your own hands - you take 'em to court."

See video below at :30:



When an African-American man sued Airbnb over racial discrimination, he discovered that he can't "take 'em to court."  His Airbnb account contract included an enforceable mandatory arbitration clause.  So instead of presenting his evidence to an impartial, competent judge or jury, he will have the opportunity to present his case to non-judicial decision-maker who makes a living out of deciding cases for Airbnb and similar parties.  Could such a decision-maker likely have some innate partiality toward a business or industry that provides his/her livelihood?

What do you think?

A-Rod Drops ADR Challenge

NY Yankee third baseman Alex Rodriguez has apparently withdrawn his lawsuits filed as an "appeal" of an arbitrator's ruling that suspends him from playing for the entire 2014 season as a penalty for using performance enhancing drugs. Legal commentators are not surprised.  The lawsuit had zero chance of success.  It is one of the hallmarks of arbitration that appeals of arbitrator's rulings cannot merely allege that the arbitrator was wrong. The arbitrator could have made his decision based on the testimony of a witness who said that heard from a guy who was abducted by space aliens that the aliens supplied A-Rod with the PEDs, and the decision would not likely be overturned. Unless there was fraud or extortion or some other similarly untoward conduct by the arbitrator or the arbitrator exceeded the parameters of the dispute submitted to him or her for resolution, the courts will not disturb the arbitrator's ruling.  That is why the issue of mandatory arbitration clauses in employment contracts is so important.

"But That's Not What Judge Judy Does!"

After lecturing on some civil procedure matters a student raised her hand and somewhat defiantly asserted the statement that comprises the title of this post. I laughed good-naturedly and then recognized the confusion evident from her expression. "Oh, my God," I thought, "she thinks the Judge Judy show is a broadcast of an actual courtroom!" How many other students believe that Judge Judy or The People's Court or Judge Joe Brown, etc. etc. are actual court proceedings instead of TV shows?

Judge Judy's opening segment says "The people are real! The cases are real! The rulings are final!"
This much is true.  But not because it is a court ruling.  The rulings are final because the litigants have dismissed their small claims cases in favor of an agreement to be bound by the outcome in the TV forum.  As explained at the People's Court website: 

"The People's Court," produced by Ralph Edwards/Stu Billett Productions (the producers of the original series which ran for 12 years), draws on ordinary people who have filed grievances in civil court and have opted to have their cases heard and mediated by Judge Milian. An experienced team of researchers continually canvass courts across the country in search of the most compelling, unique and thought-provoking cases. Running the gamut from disputes between neighbors and family members, to dissatisfied customers suing businesses, Milian's decisions – based on current law – are final and binding.

Below is a video of the closing remarks form an early edition of The People's Court.  Following Doug Llewelyn's famous "You take 'em to court" phrase, is an explanation of the payment arrangements for participants.

Judge Judy closing credits.  At :31 is the written explanation, "Monetary awards are paid from a fund maintained by the producer."

Negotiation Works Only When Both Parties Are Interested in Negotiating

 . . . as illustrated in this clip from the movie, Intolerable Cruelty.



Another option:

Mediation Explained

Here are a few videos that can be used to illustrate mediation services.  The first one is informative and features a calming musical soundtrack behind a soothing narration.  I like the atmosphere that it creates.  The second video illustrates the business end of mediation - services for a fee. The third video is a trailer for the new TV show, Fairly Legal, about a lawyer turned mediator.  I never realized mediation was so exciting! Wait, you don't think the network would take liberties with reality?