mikedahammer
Well-Known Member
- Thread starter
- #511
In this case it is nonbinding unless both parties agree with the outcome and then we are both bound by it if we accept. it There are no modifications allowed to the arbitrator's decision or award. Either or both parties can reject the decision and then further legal action would be required.The arbitration decision is normally binding on the car maker,
but not on the consumer. I have been thru it 6 times and won
5 out of 6. Documentation is key along with being perceived as
reasonable in my opinion. I think Mike did a great job and
should prevail. Of course, a good arbitrator is key.
Arbitration is required by the contract so if I went directly to court, then Ford could have wasted a ton of my money and time by arguing to a judge that I didn't follow the contract - which has arbitration as a remedy and a Judge could have remanded it to the BBB.
99% of the time Ford probably will accept the decision because if it is against them, and I have an arbitrator's decision in my favor, I can use that against them in court. It doesn't mean I will win and the Judge will agree with the arbitrator, but it wouldn't hurt and then I would be able to seek further damages. Same is true if they win.
We both could also agree to a settlement that is different that what was recommended if Ford thought it was appropriate. The worst case scenario is a win, Ford rejects decision, and then makes a reduced offer.
Obviously this goes back to what you said.....a good arbitrator is key.
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