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  1. Kens, when they get there for the proceeding, they will be asked if they want an arbitrator. Both parties have to agree to it for one to be used. They do that to help free up actual judges. The arbitrators are lawyers but not judges. Not that they know less or are less fair/more fair than the judges, but the whole thing of being unappealable is not good.

  2. Kens…when they go to court, make sure they do not I repeat DO NOT agree to have the case heard by an arbitrator instead of a judge. An arbitrator’s decisions in small claims court are not appealable if he loses. Though the standard of appeal on a re-hearing is very difficult to win (you have to prove that the judge failed to be fair and provide substantial justice – rarely ever proven) you still want to have the opportunity to appeal if necessary.

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