Why the right to a trial is important
Very often I am approached by a client who has an agreement they want me to take a look at. Many of these contracts have arbitration clauses. I always point out this provision and suggest that it be removed. Usually when I explain what arbitration is, how much it truly costs and the rights that are usually waived, the clients eagerly agree that it is probably not in their best interest. In my opinion, it is usually used by a bigger company to deter a smaller company or individual from doing anything to protect their rights because of the costs involved.
I have on numerous occasions used the example of the arbitrator needing to be appointed for each case and that this can arguably lead to biased results. The Wall Street Journal has a great article about a former employee who has filed a claim alleging some of the things that many attorneys have long feared about the arbitration process. Obviously, these are just her allegations and have not been proven.
The United States federal and state court system is far from perfect, but it is still the best thing going to provide a fair resolution for both parties.
