Empirical studies support the perceptions of employees that they do better in court than in arbitration. See, for example, the study by Alexander Colvin of Cornell: “An Empirical Study of Employment Arbitration: Case Outcomes and Processes.”
Roger Ailes’ defense team knows this too.
CNN Legal Analyst Danny Cevallos reported on July 18, 2016 about the strategic maneuvers of Mr. Ailes’ attorneys to move Gretchen Carlson’s sexual harassment suit from the the court to arbitration – and presumably to enforce confidentiality, so that dirty linen need not be washed in public.
Ms. Carlson’s lawsuit was filed in New Jersey State Court on July 6, 2016. Under diversity jurisdiction, the case was removed by Mr. Ailes to federal court in New Jersey. Mr. Ailes’ attorneys are seeking to change venue to New York federal court, and to compel arbitration.
“Overall, the defendants have a good chance of sending this back to arbitration,” concludes Mr. Cevallos.
TRIVIA: Wikipedia attributes the phrase “Roger Dodger” to an apocryphal World War II story. The punch line of the story is, “"Roger Dodger, you ol' codger. I'm a Commander too!”
HAT TIP: Hat tip to my wife, Catherine Campbell, who brought the Ailes/Carlson arbitration story to my attention, and who also suggested the “Roger Dodger” title.