How does FINRA arbitration differ from normal civil litigation?
Most securities claims are subject to mandatory arbitration. On the plus side, the process will go much faster than civil litigation – without lengthy appeals. Discovery is also limited and streamlined, which helps move the process along. On the minus side, your case will not be decided by a jury from our community, but rather a panel of 3 arbitrators – all of whom will have some ties or background in the financial industry. While arbitration has rules, they are not as strict as the Federal Rules of Civil Procedure (in court), so both sides will have more leeway and discretion in the presentation of their cases.
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How will having a trial lawyer handle my case help me if my claim is subject to mandatory arbitration?
Because the skill set is the same: taking a complex set of facts and distilling it into a compelling and persuasive narrative for a finder of fact. We think of the arbitration panel as just one more jury – albeit with its own set of unique backgrounds, biases, and preferences. We build the case accordingly.
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