What makes the most sense is that both sides have the option to accept arbitration before any trial starts. This way, routine cases can be dealt with in arbitration, and more complicated ones at trial.
What needs to be avoided is
* people being pressured into arbitration in return for something (e.g. Accept arbitration or don't get a job)
* people opting into/out of arbitration based on rulings. So, no deciding to move to arbitration because you don't like a judge, nor deciding to go for a trial if arbitration isn't going your way.
What needs to be avoided is
* people being pressured into arbitration in return for something (e.g. Accept arbitration or don't get a job) * people opting into/out of arbitration based on rulings. So, no deciding to move to arbitration because you don't like a judge, nor deciding to go for a trial if arbitration isn't going your way.