Editor’s note: This article describes a hypothetical situation.

Charles Forer

Bob’s adversary Roger was puzzled by the arbitrator’s award. “I think we got what we wanted,” Roger told his client. But Roger was not sure. Why? The award said Roger’s client won. That surely was good news. The award said Bob’s client had to pay $750,000 to Roger’s client. Also pretty good news because Roger’s client sought $1.3 million in the arbitration and Bob’s client (following Bob’s direction) had never offered a penny to settle the dispute.