Businesses are increasingly inserting arbitration provisions into contracts to prohibit the employees and consumers from resolving important disputes in courts of law. Such arbitration provisions compel the employees and consumers to present his or her case to an "private arbitrator," who need not even be an attorney. There is no jury trial. There is no automatic right to engage in pre-trial discovery. There is no public access. There need not even be an in-person hearing (unless you pay extra). The arbitrator often has the right to decide the entire case by merely looking at paperwork and you might not even have a right to be there when it happens.
If the arbitrator fails to apply the law correctly or if the arbitrator refuses to consider important evidence, too bad. There is no appeal. There is no accountability. Your claim against a big company will simply disappear. And here's another huge concern: the big corporations are repeat customers to the big arbitration companies, while you will be a one-time player. Under these circumstances, who is the arbitrator likely to favor?
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