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— The next day in our history class we got the surprised test, but when the lesson was over Tony didn’t seem troubled at all. He just said, that he thought he had done really well. I was very suspicious but didn’t voice any objection. I would wait until the test was graded before I would decide on, what to do. — Friday we got the test back and both Tony and I got an ‘A’ on the test. Tony had a huge grin on his face and just gave me a high five. Now I was sure that he had been cheating and I was shocked by the fact that his mother — my Spanish teacher — had helped him getting a good grade by cheating. In her own class she was kind and gentle, but still she did not tread lightly with grading homework, marking down even the smallest of errors. All the k**s in school knew they had to do their best performance in her class. I didn’t know what to do, but I knew I had to do something. It wasn’t the fact that they had cheated as much as the fact that my best friend and his mother hadn’t. ”“I take it you can’t prevent them from suing?”“No. Even what appears to be an ironclad binding arbitration clause could be tossed by a court so they could accept the case. All it does is make it tougher. Given how you operate, I’d be shocked to see anyone actually exercise the arbitration clause, but you never know.”“Who arbitrates?” I asked.“The American Arbitration Association administers the arbitration, but the arbitrators are selected according to the contract terms. We’ll have a unique problem in that the pool of arbitrators consists mostly of attorneys and many of them would have a conflict of interest. We’d probably propose either a contract law professor or retired judge. We or the other party could nominate anyone, and so long as both parties agree, that individual would conduct binding arbitration.”“Binding? As in it can’t be appealed?”“Can’t is a strong word, but the grounds for such an appeal are severely limited. As I’ve told you many times, strange things happen in.
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