[extropy-chat] Extropy and libertarianism - a search fo rmeaning...
Mike Lorrey
mlorrey at yahoo.com
Mon Sep 12 19:35:31 UTC 2005
--- Robert Lindauer <robgobblin at aol.com> wrote:
> Arbitration costs money. In an adversarial situation where a large
> company is suing a small consumer or vice versa, the party with the
> more money will try to force upon the party with the lesser amount of
> money the more expensive option(s) in hopes that this will force them
> to settle on their terms and/or force them out of business. This is
> the nature of adversarial court situations. This was the point I
meant
> to illustrate in the Walmart example, perhaps you didn't understand
> what happened?
What makes you think that government courts are not adversarial? If you
admit they are, then you have no point of dispute here, because there
is no distinction on that detail.
Furthermore, government court proceedings are more expensive than
alternative dispute resolution, which is why they are encouraged by the
overburdened government courts. The reason for this is that arbitrators
tend to look poorly on snow-job tactics and are more agressive at
finding out the facts and issuing a ruling than in pussyfooting around
on technicalities, since the arbitrator is paid on his case rate, not a
lifetime salary as government judges are.
Additionally, if you are a wealthy corp who has wronged me, a consumer
or employee, there are plenty of lawyers with deep pockets who take on
cases on a contingency basis. Contingency fee representation ensures
quality lawyering, as your lawyer only gets paid if you win. A salary
attorney on the company payroll doesn't have the same degree of incentive.
Mike Lorrey
Vice-Chair, 2nd District, Libertarian Party of NH
Founder, Constitution Park Foundation:
http://constitutionpark.blogspot.com
Personal/political blog: http://intlib.blogspot.com
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