As we mentioned on Tuesday, April 29 was “Fair Arbitration Now Day” and we would be remiss in not telling you that as part of the festivities, Senator Russ Feingold (D-WI) reintroduced the Arbitration Fairness Act, a bill aimed at making “pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable.”
Loyal followers of ThePopTort know that mandatory arbitration is something we cover from time to time, and for all kinds of good reasons.
The process is incredibly one-sided—arbitrators may be biased, or even be paid for by the corporate entity (like a bank or insurance company) that is fighting the consumer. The parties are not entitled to much discovery, if any. Court rules of evidence and procedure, which tend to neutralize imbalances between the parties in court, do not apply. Arbitration proceedings are secretive—there is no right to public access.
We could definitely go on, but you get the idea. We, along with an incredible list of other consumer advocates (Consumers Union, Consumer Federation of American, and Public Citizen, to name a few) fully support this important legislation—here’s hoping that it passes!
The Pop Tort is one of my favorite sites and I list it on my Facebook page. Keep up the great work. Thanks for this information. I have also blogged oin the topic: "Celebrate Arbitration Fairness Day On April 29, 2009" at Injury Board.
http://honolulu.injuryboard.com/medical-malpractice/celebrate-arbitration-fairness-day-on-april-29-2009.aspx?googleid=262038
Posted by: wayne parsons | May 01, 2009 at 01:15 PM