Question
What remedy does a plaintiff who submitted to the binding arbitration form of Alternative Dispute Resolution (ADR) have if the mediator failed to award damages
What remedy does a plaintiff who submitted to the binding arbitration form of Alternative Dispute Resolution (ADR) have if the mediator failed to award damages in accordance with what the plaintiff ordinarily would recover under law in a jury trial?
a.The plaintiff may make a motion to the trial court for a new trial (i.e., trial de novo) based on the arbitrators error(s) in applying the law.
b.The plaintiff may make a motion to the trial court to enter judgment notwithstanding the verdict (j.n.o.v.) based on the arbitrators errors in following appropriate trial/tort guidelines.
c.The plaintiff may file an appeal in the intermediate appellate court to overturn the arbitrators award based on the arbitrators failure to conform to the rules of civil procedure and judicial norms.
d.The plaintiff has no rights other than to challenge the legitimacy of the arbitration proceedings in their entirety, based on very limited grounds, such as the defendants provable bribery of the arbitrator.
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