C. STEVEN MOSKOS, P.A.
  • Home
  • About Steve Moskos
    • Meet Steve
    • Community Involvement
    • Memberships
  • Practice Areas
    • Consumer Law >
      • Auto Fraud
      • Flood-Damaged Vehicles
      • Lemon Law
  • Case Results
  • Contact Us
    • New vehicle contact form
    • Used Car Contact Form
  • Blog

Mandatory Binding arbitration

7/17/2013

 
Picture
Arbitration is a way to resolve disputes. Its proponents say it is faster and cheaper than using the court system. Its detractors say it protects businesses from big verdicts that would change the wrongful way a business operates.

Jim Hightower wrote a succinct piece in his article, Hightower: Corporate Kangaroo Courts Supplant Our Seventh Amendment Rights, that explains very simply some of the high (or low depending on your perspective) points of arbitration. He says:

“All you really need to know about today's process is that it's the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory. Let's look at this mess.

Unlike courts, arbitration is not a public system, but a private business.

Far from being neutral, "the third-party" arbitration firms are - get this! - usually hand-picked by the corporation involved in the case, chosen specifically because they have proven records of favoring the corporation.

The corporation also gets to choose the city or town where the case is heard, allowing it to make the case inconvenient, expensive and unfair to individuals bringing a complaint.

Arbitrators are not required to know the law relevant to the cases they judge or to follow legal precedents.

Normal procedural rules for gathering and sharing evidence and safeguarding fairness to both parties do not apply in arbitration cases.

Arbitration proceedings are closed to the media and the public.

Arbitrators need not reveal the reasons for their decisions, so they are not legally accountable for errors, and the decisions set no legal precedents for guiding future corporate conduct.

Even if an arbitrator's decision is legally incorrect, it still is enforceable, carrying the full weight of the law.

There is virtually no right to appeal an arbitrator's ruling.”

Does this mean that arbitration doesn't have any place in your judicial system? No. What it means is that one must be suspicious of a process that is forced on someone before he or she even knows there is a problem. The next time you buy a car, apply for a loan, or apply for a credit card, tell the business you want the mandatory binding arbitration provision removed from the contract. See what happens. If it is such a great process, why won't businesses wait until an unresolved problem appears? Then the business can bring up arbitration if it wants to. Then both sides can decide whether arbitration is best for them. 



    SC Lemon Law Statutes

      follow our blog! 

    Subscribe to Our Blog

    Archives

    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    July 2024
    June 2024
    April 2024
    March 2024
    February 2024
    November 2023
    October 2023
    September 2023
    January 2023
    December 2022
    October 2022
    September 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    April 2021
    March 2021
    February 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    May 2019
    March 2019
    February 2019
    January 2019
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    March 2018
    October 2017
    February 2017
    November 2016
    June 2016
    April 2016
    January 2016
    September 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    July 2013
    June 2013
    March 2013

    Categories

    All
    Abandoned Vehicles
    Arbitration
    Attorney/client Process
    Buying A Car
    Buying An RV
    Car Dealer
    Car Defects
    Car Loans
    Car Manufacturer
    Car Recalls
    Car Repairs
    Car Trouble
    Consumer Law
    Credit
    Debt
    Debt Collection
    Deceptive Car Sales
    Defective Car
    Disinfecting A Car
    Flooded Cars
    Hiring An Attorney
    Holidays
    Insurance
    Lawyers
    Legal Advice
    Lemon Law
    Links
    Loans
    Looking Ahead In The Car Business
    Luxury Cars
    Mobile Home
    New Cars
    News
    Pandemic
    Repossession
    Top Posts
    Used Cars
    Vehicle Service Contract
    Warranty
    Working With An Attorney

    RSS Feed


                                                                                             Privacy Policy

Disclaimer 



Attorney C. Steven Moskos is responsible for the content of this website. Principal Office: 6650 Rivers Ave. STE 210, north Charleston, SC 29406

We appreciate you coming to our website, however, the information we have here should not be construed as formal legal advice nor should you believe we have established a lawyer/client relationship.  This website is for informational purposes only.  Contacting C. Steven Moskos, PA through this site does not create an attorney-client relationship between you and C. Steven Moskos, PA. This law firm must investigate your case, evaluate it, do a check for conflicts-of-interest, and sign a written retainer agreement with you before you become a client.


In addition, the information contained on this website is not intended to guarantee that we can produce the same results for you that we have produced for others. Each case is different and must be evaluated on its own merits. 

for more legal stuff, see our disclaimer page.