Fox News management made a sound decision in choosing the American Arbitration Association (AAA) as its agent of choice.According to a 2011 study by Cornell University’s Alexander Colvin, employees prevail less frequently and recover less money in cases arbitrated by the AAA — the study examined nearly 4,000 cases between 2003 and 2007 — than they do in trials.
.. Paul Bland, an expert on arbitration clauses and executive director of Public Justice, tells the Erik Wemple Blog that as a general rule, only the parties to an arbitration clause can invoke it. After reading the court documents filed by Carlson’s lawyers, Bland noted that the agreement is between Fox News and Carlson. “Ailes is not named in it. Their argument is that FOX means Ailes. They should have written more broadly, most arbitration clauses name others who work for or with, are associated with, etc. I consider him a non-party under this language. Poor drafting,” writes Bland in an email.
.. “The problems of secrecy in arbitration are really highlighted in this case — you look at all of the women who have come forward with very similar stories, and you can see why Ailes would prefer to keep a lid on all of this by avoiding the public court system where the evidence becomes a matter of public record.”
.. Another thing to consider is that Carlson worked at Fox News for 11 years, presiding in some way over thousands of hours of programming. Over all those hours, Carlson was adjudged reliable and honest enough such that Ailes and his lieutenants placed their precious Fox News audience in her hands. Now, all of the sudden, she has become the source for her lawyers’ dissemination of “one false and defamatory statement after another.” Even you, Roger Ailes, can’t have it both ways.