IS LITIGATION YOUR FINAL ANSWER? 715
a decision and award to the prevailing party.^232 In some courts, a
new trial can be requested.^233 Because many state courts impose
limits on monetary awards and the types of cases eligible for
mandatory court-connected arbitration,^234 Targets who have
claims that exceed that amount or who reside in a jurisdiction
that declines to hear workplace-bullying claims may opt for
private arbitration.
Private arbitration procedures can be instituted by the
employer^235 or a nonprofit organization.^236 Parties may choose an
arbitrator by stipulation”; however, if they fail to choose an arbitrator within
fourteen days after the case enters the arbitration calendar, the court will
select an arbitrator. WASH. SUPER. CT. MANDATORY ARB. R. 2.3. The case
will then fall under the jurisdiction of the court. See id.; WASH. SUPER. CT.
MANDATORY ARB. R. 1.3. In New York County, however, “an arbitrator is
often a retired judge.” FISHER, supra note 229, at 12.
(^232) See, e.g., WASH. SUPER. CT. MANDATORY ARB. R. 6.1 (“The award
shall be in writing and signed by the arbitrator. The arbitrator shall determine
all issues raised by the pleading, including a determination of damages.”);
NEV. ARB. R. 17 (“Within 7 days after the conclusion of the arbitration
hearing... the arbitrator shall file the award with the commissioner, and
also serve copies of the award on the attorneys of record, and on any
unrepresented parties.”); What Is Arbitration?, OR. COURTS, supra note 178
(“The arbitrator should issue a decision within 20 days after the hearing is
finished.”).
(^233) See, e.g., WASH. SUPER. CT. MANDATORY ARB. R. 7.1 (“Any
aggrieved party not having waived the right to appeal may request a trial de
novo in the superior [court].”); FISHER, supra note 229, at 12 (“If either of
the parties... disagrees with the decision, that party has the right to demand
a new trial before a Judge or jury.”); Arbitration Guide, JUDICIAL BRANCH
OF ARIZ., MARICOPA CNTY., http://www.superiorcourt.maricopa.gov/
SuperiorCourt/CivilDepartment/Arbitration/Index.asp (last visited Apr. 6,
2013) (“When an arbitration award is appealed, the case is sent back to the
assigned judge for a new trial.”).
(^234) See, e.g., NEV. REV. STAT. § 38.250 (2012); OR. REV. STAT.
§ 36.400 (2011); CAL. CIV. PROC. CODE § 1141.11(a) (West 2007); 42 PA.
CONS. STAT. § 7361 (2013).
(^235) See Lewis Maltby, Private Justice: Employment Arbitration and Civil
Rights, 30 COLUM. HUM. RTS. L. REV. 29, 30–32 (discussing employers’
growing use of private arbitration systems in recent decades).
(^236) See Arbitration Defined, JAMS, http://www.jamsadr.com/arbitration-
defined/ (last visited Apr. 6, 2013) (“[Arbitration] is often ‘administered’ by
a private organization... .”).