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To: Diver who wrote (5211)	9/14/1998 5:43:00 AM
From: Janice Shell	Respond to of 26163

More information of interest, sent to me by a kind lurker who works in securities arbitration: bmart wrote: << You are not understanding the law at all, if I may be of assistance, arbitration results 'must' be agreed to by both sides, or ...they go to court , you can't win arbitration by default >> bmart is confusing arbitration with mediation. In mediation, which is typically nonbinding, both sides must agree to any settlement that results from the mediation. In arbitration, which is typically binding, the arbitrator or arbitrators render a decision. That decision may make one or both parties unhappy. If a party is unhappy with the results, the party can make a "motion to vacate" the award to a federal or state court. Arbitration awards are rarely vacated; the vast majority are upheld. bmart is also wrong when he posts that you can't win an arbitration award by default. This is incorrect: the arbitrators have broad powers to make such an award. When default judgements have been appealed, the courts have in effect said, "well, these may have been good arguments, but you should have made them at the arbitration. Upheld."