In addition, if the arbitrator, at the request
of the winning party, finds that the
losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless
of the amount in
dispute, the arbitrator must order the
losing party to pay both
sides» arbitration fees and may order the
losing party to pay the winning party's reasonable attorneys» fees, unless such an award
of fees is prohibited by applicable law.
Ultimately, in an impasse, each
side fears
losing something: In
disputes over Gun Control, it is
losing more innocent lives vs.
losing personal safety and protection; in
disputes over Immigration Reform, it is
losing talented people and necessary social contributions
of immigrants vs.
losing potential American jobs; in
disputes over the Debt Ceiling / Fiscal Cliff, it is
losing on - going social programs vs.
losing tax money to excessive interest payments; and, in
disputes over Certification for Mediators, it is
losing quality control for consumers vs.
losing personal / professional autonomy to future regulators.