Attorney Representing Those Impacted By Hidden Arbitration Clauses
Wrongdoers – health care providers, corporations, employers, skilled nursing facilities and international conglomerates like Uber, Lyft, Amazon and Disney – fear being held accountable by our jury system. Therefore, they are increasingly seeking to compel arbitration via arbitration clauses. Customers unwittingly waive their 7th Amendment Right to a Jury Trial by agreeing to boilerplate language buried in lengthy contracts. You have probably already agreed to an arbitration clause without even knowing it.
When to our client’s advantage, we at the Law Office of Michael E. Gatto, PC, fight arbitration provisions. Our attorney, Michael Gatto, stays current on the controlling law and strategies to argue they should not be enforced.
Examples of entities that seek to compel Arbitration:
- Uber and Lyft
- Kaiser Permanente
- Health insurance carriers
- Major employers
Helping Regular People For Over 30 Years
We have over 30 years of practice experience. Michael Gatto has participated in over 100 jury trials and over 150 bench trials. Our mission is to make the world a safer place, one case at a time. The work that Michael does changes lives for the individuals he fights for as well as the community. He is committed to holding corporations accountable for their wrongdoing. To help you get to know us, we provide free initial consultations and Spanish translation services.
Is Arbitration Always Bad?
Though corporations have their reasons for wanting arbitration over the trial, it can also have some positive aspects for the customer. Generally, an arbitration can be completed more quickly and at less cost than a jury trial. Thus, the decision whether to move forward in the Superior Court and fight an arbitration provision should be made in consultation with an experienced attorney. We can help with this process.
How Arbitration Works In California
Arbitration operates somewhat like a trial but without the formalities of a courtroom proceeding or the proceeding going on the public record. Also, the parties often do not have the same rights as they would at trial, such as the right to appeal.
The arbitration process generally includes the following steps:
- Each party submits initial pleadings stating their claims or defense and agrees to arbitration.
- The parties select and agree on an individual arbitrator or arbitral tribunal to hear their dispute. This may be an agreement by the parties, a choice from a list, or a recommendation from their attorney or local bar association.
- The parties agree on an arbitration timeline and schedule. Parties set a location and dates, as well as the rules to abide by.
- Next is the discovery process, in which both sides demand and send requested evidence to each other. The rules for admissible evidence and evidence introduction are more flexible than the rules in court. However, the arbitrator might put less emphasis on evidence than a judge or jury would at trial. Also, the discovery phase is generally shorter for arbitration, giving you less time to prepare your case.
- Trial preparations happen before the hearing.
- Finally, the arbitration hearing itself occurs. At this hearing, the parties present their cases and evidence to the arbitrator or tribunal. The parties may call witnesses and conduct cross-examinations, but this is much more limited than with a court trial.
- Following the hearing, the arbitrator issues a decision or award, which the previously agreed-upon rules usually cap at a certain limit. The decision is binding on both parties and legally enforceable if one party does not comply. However, the parties can also choose to make the arbitration nonbinding before the hearing.
Contact Us To Learn More About Fighting Arbitration Clauses
If you have been wronged by a company and are facing an arbitration clause that limits your ability to get justice, call our firm to set up a free consultation with Michael Gatto, a California arbitration lawyer. Call 925-587-9949.