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Potential Effects of the Arbitration Fairness Act of 2011 |
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Every American is trapped by the arbitration process, but few of us understand what it really is – and what it means for our legal rights. |
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| Author: Sara Goldstein |
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While this can be valuable in certain situations, too many employers and large companies embed “forced arbitration” terms in their contracts that require people to settle disputes via arbitration alone. In other words, you are stripped of your legal right to take a company to court. This allows many major commercial industries and businesses to completely escape accountability.
Forced Arbitration
Forced arbitration applies to you in more ways than you might think. Anyone who has signed a contract for the following reasons has potentially signed away their right to take legal action against the company involved:
• A job
• A cell phone
• A credit card
• A loved one in a nursing home
• A bank account
• Student loans
• A business franchise
• Cable or satellite TV
Forced arbitration often costs more than taking cases to court. Individuals must pay a large fee just to initiate the arbitration process, and then to complete it, many have to travel thousands of miles on their own money. Ultimately, the loser (which is usually the individual) pays the company’s legal fees.
As if this weren’t enough, the arbitrators who are in charge of the process are not subject to public review of their decisions. This means they often get away with not following the law, and can decide matters with a biased preference for the company’s best interest.
The Arbitration Fairness Act of 2011
In order to protect the constitutional rights of employees and consumers, a group of senators and Congressmen recently introduced the Arbitration Fairness Act of 2011. Though this bill has not been passed yet, it has enjoyed significant support from many different parties, law organizations, groups, and sponsors.
The proposed law would not outlaw arbitration, but merely place the choice back in the individual’s hands.
People with a complaint to bring forward against a company or employer can decide whether they would prefer to settle the matter in court, or through arbitration. Most importantly, this decision will be made after the dispute arises, not when signing an initial contract pre-dispute.
If passed, the Arbitration Fairness Act would not only allow individuals to choose a trial by jury, but would possibly improve arbitration in the process, encouraging arbitrators to make the process of private justice fairer and more worthwhile.
If you would like more information about arbitration and the potential effects of this new bill, please visit the website of the experienced Florida attorneys at Colling, Gilbert, Wright & Carter today.
About Author
The Orlando personal injury law firm of Colling, Gilbert, Wright & Carter prides itself on its reputation for aggressive and effective representation, honesty, persistence, responsiveness, and competitive spirit.
Article Source:
http://www.1888articles.com/author-sara-goldstein-4751.html
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