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My company has employed as consultants others who are also harmed by this situation. If they were to choose to hold me liable, and I do not have a binding arbitration clause with them and they sue my company for damages on the breach of contract - does that change my legal argument in arbitration or enable me to take this to a court?
Oh - I just asked Sam because he said if I have another question send it over, but anyone can answer, would you mind obliging?
Thank you for choosing Just Answer. I will follow up only because Sam is unavailable right now.
The right or requirement to go to arbitration is strictly based on contract. This means that if your contractors have not waived their right to go to trial, they may skip the arbitration process and go directly to litigation against you. Regardless as to whether or not you have an obligation to arbitrate with the remaining parties. Your obligations do not restrict those of the independent contractors as to you. (Similarly, you have a right to go directly to litigation against the contractors, the obligation to go to litigation is between you and your client).
Although it may make economic sense to consolidate the issues in either arbitration or litigation (either one costs roughly the same in my experience, the only difference is that the parties have a lot more room to manipulate the course of the dispute resolution process in arbitration - even under the rules of arbitration).
Please let me know if you have any questions, and if you would like Sam to weigh in, please let me know as well and I will happily "opt out" and allow him to answer, I do not know how quickly you need a response.
Thanks Bill! Would like to understand what you wrote here : Although it may make economic sense to consolidate the issues in either arbitration or litigation (either one costs roughly the same in my experience, the only difference is that the parties have a lot more room to manipulate the course of the dispute resolution process in arbitration - even under the rules of arbitration).
I am in binding arbitration - and what you wrote is what concerns me, as the breaching party is extremely well funded. I am concerned that the binding arbitration will force me to accept an offer that I would not normally feel is justified based on the actual evidence of the breach and the extreme nature of it.
Do you have any advice on what I can expect from arbitration and what manipulation tactics I should be on the look out for? I am worried that the breaching party will outspend me on these tactics making it impossible to have my claim properly deliberated upon.
Thank you BIll! Thankfully I have most of what I need already documented.