Tagged: egregiously unfair mandatory arbitration clauses

“But in interviews with The Times, more than three dozen arbitrators described how they felt beholden to companies. Beneath every decision, the arbitrators said, was the threat of losing business. Victoria Pynchon, an arbitrator in Los Angeles, said plaintiffs had an inherent disadvantage. ‘Why would an arbitrator cater to a person they will never see again?’ she said.”

Victoria definitely decreased her chances of being selected as an arbitrator with the honest statement made above.

Source: Michael Corkery and Jessica Silver-Greenberg. “In Arbitration, A ‘Privatization Of The Justice System.'” New York Times. November 1, 2015. http://www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html.

“The Arbitration Fairness Act also appears to be based on the notions that (1) pre-dispute arbitration clauses impeded the ‘constitutional rights of individuals,’ (2) individuals ‘have little or no meaningful option whether to submit their claims to arbitration,’ and (3) ‘courts have erroneously upheld even egregious unfair mandatory arbitration clauses.’ These longstanding criticisms have all been fully addressed and rejected by the U.S. Supreme Court because of the lack of any evidence supporting them.” — International Institute for Conflict Prevention & Resolution (CPR)