By the Judge vs. by Arbitrator

[ttom1]

What is the name of your state (only U.S. law)? New York

I would appreciate answers to my questions regarding a hearing "by the Court" (Judge) versus by arbitrators:

(1) What is better for the plaintiff?

(2) Will the arbitration result by arbitrator have the same legal force as judgment by the Judge?

(3) When it comes to judgment collection, will it make difference--for example, will the court provide more resources/help if it's a judgment by the Court?

(4) I've read that in arbitration, there is no subpoena. If so, does it mean no witness enters the hearing? Or does it mean, when the collection time comes, you can't subpoena someone for the purpose of collecting judgment money?

Thanks in advance.

 

[You Are Guilty]

I would appreciate answers to my questions regarding a hearing "by the Court" (Judge) versus by arbitrators:
(1) What is better for the plaintiff?

That's like me asking you, without more, "what medicine is better for my condition?" It's impossible to answer accurately without more facts. That said, if you have a good (legally strong) case, the judge is frequently the better bet, as they are more apt to find 100% liability for one party than an arbitrator is. However, the down side is you will almost never be able to see a judge without multiple visits to court - there are only 1-2 judges per small claims court and hundreds of cases each session.

(2) Will the arbitration result by arbitrator have the same legal force as judgment by the Judge?

Generally, more. Unlike in cases heard by real judges, there are no appeals of the arbitrators' decisions.

(3) When it comes to judgment collection, will it make difference--for example, will the court provide more resources/help if it's a judgment by the Court?

Both orders are treated the same for purposes of collection.

(4) I've read that in arbitration, there is no subpoena. If so, does it mean no witness enters the hearing? Or does it mean, when the collection time comes, you can't subpoena someone for the purpose of collecting judgment money?

Where did you read that? I have never heard of the clerk asking whether you were going to use a judge or arbitrator when issuing a subpoena (and what would keep someone from lying about their choice?). The process is the same no matter how you proceed:
http://www.courts.state.ny.us/courts/nyc/smallclaims/subpoenas.shtml

Thanks in advance.

Welcome in retrospect.

 

[BL]

FYI.

http://www.courts.state.ny.us/courts/10jd/suffolk/dist/smallclaimsbook.shtml#appeal[/U]]Small Claims & Commercial Small Claims in Suffolk County District Court

If an arbitrator decided your case and you do not agree with the Court's decision…
You cannot appeal the Arbitrator's decision. You can ask for a new trial in front of a Judge:Any party who is not in default has 35 days from the date of the mailing of the Arbitrator's Award to ask the court for a new trial before a judge. This is called a trial de novo. If you ask for a trial de novo you will have to pay a demand for trial de novo filing fee.

Trial De NovoAt a trial de novo, the Judge does not read the Arbitrator's Award. All evidence and witnesses are heard for the first time by the Judge. The Judge's decision is based on the evidence and testimony heard by the Judge, not the Arbitrator. The Judge's decision may be the same as the arbitrator's decision, or may award more or less money than the arbitrator, or may decide for the other party.

 

[ttom1]

Thanks "You Are Guilty" and BL. Sorry for not giving enough info (thought irrelevant to the questions). The case is about landlord not returning the deposit. We are the plaintiffs and have a strong case. So I wonder if it makes more sense for a plaintiff with a good case to go with Judge instead of arbitrator, partly because there is no record-keeping in the latter case? I haven't been able to find where I've read there was no subpoena in arbitration, but as soon as I find it I'll post here--however if it is as you said, and other sources confirm, that subpoena is allowed in arbitration, then that's good news for us, of course.

Thanks again.

 

[davidmcbeth3]

Its been my unwavering opinion that a judge is best.

 

[You Are Guilty]

My personal belief is that if you have the time and/or ability to go to court on multiple days (the only real downside to requesting a judge), a judge is preferable to an arbitrator.

 

[ttom1]

Thanks both.