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Never heard of this sort of thing. It's a state run program or through a private arbitration agreement? That's crazy
In Florida we get sent to non binding arbitration regularly. Arbitrators are usually retired judges.
After arbitration you have a few weeks to dispute the finding. If you dispute, you then proceed to trial and the arbitration award acts as an offer of judgment. If you don’t beat it by 25%, your client will owe attorneys fees
Game the system using it’s own rules. Don’t spend any time or expense on arbitration, get a shit result, reject.
Keep client informed of strategy and that should cover the ethics.
Defense counsel might know you’re sandbagging but they’d (want to) believe your case is weak and therefore may tend to prepare for the main case poorly expecting a similar shoddy performance.
wut?
Curious to know what state you’re in? In NJ you have 30 days to throw out the arb award and then you get a trial date. If neither party does anything and 30 days pass, you can file a motion to enforce settlement for the amount of the arb award.