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Originally Posted by troutman
I think that is a slippery slope. Judges make bad decisions all of the time. Maybe in a case of extreme malpractice, otherwise I think appeals are the proper avenue.
Now, a "binding arbitration" may be hard to appeal by its very nature, but I'm sure it must be possible. Corsi or Vlad could say more about that.
My father was an esteemed Engineer and an expert witness in many complicated trials. He was often annoyed that Judges (and lawyers) were making difficult decisions about very complicated and technical matters that they have no expertise in. But, how can we find Judges that are experts in technical fields? I think we are left with Judges being informed by expert witnesses, properly certified and cross-examined.
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If we assume that the arbitrator is devoid of common sense and critical appraisal skills, do you view this as more of a failure by the fathers side to discredit the expert witnesses? Is there even an opportunity to do that during an arbitration process like this?
The whole "expert witness" tool in law really seems like a bit of scam to be honest. At its core it's just mercenaries willing to say whatever the legal team wants them to say at the right price.