Consumer Law

Rejoice! Arbitration Fair! (ahem--kind of, for some people, sometimes, partially, according to one report).

By Kia Franklin

In WSJ Blog we learn that if we aren't doing it yet, consumers better hurry up and take to the streets "rejoicing" about pre-dispute binding mandatory arbitration. Why? Because according to one report, it's "not a bad deal." But for whom?

According to the report, under binding mandatory arbitration with the AAA some consumers win part of their award half the time... Consumers win 52% of their claim in 53% of the cases filed. Um... woo hoo? I'm not rejoicing yet.

And businesses win 93% of their claim in 83% of their cases. Still not happy..

And oh yes, and it may be pure coincidence but the press contact named on the press release about the report is a former employee of the tort "reform" heavy-hitter, the Chamber of Commerce's Institute for Legal Reform.

This is supposed to be a shining endorsement for pre-dispute binding mandatory arbitration agreements? I got some polish if they need it.

Full post as published by TortDeform.com on March 11, 2009 (boomark / email).