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>Congress needs to pass a law forbidding contracts from forcing individuals into arbitration. Hold on there. Let's not dismiss it out of hand - bypassing the c
by macspoofing 10y ago
>Congress needs to pass a law forbidding contracts from forcing individuals into arbitration.
Hold on there. Let's not dismiss it out of hand - bypassing the court system and getting things resolved quickly has benefits. And I suspect the arbitration system is itself a response to some judicial excesses and the insane American lawsuit-happy culture.
I'm not saying there aren't problems, and the judicial system should be there, but it's not bad if people solve their own problems without government involvement.
- beagle3 10y agoA faster alternative to courts is a good idea. However, the existing arbitration system is biased exceptionally heavy towards repeat customers (and that comes in addition to inherent bias of reality towards deeper pockets). Unlike a judge, an arbiter who finds against a company will not get their repeat business; that's an inherent conflict of interest.
- TillE 10y agoWhen both parties agree to take a specific dispute to arbitration, great. Writing it into lopsided contracts is abusive bullshit though.
- Obi_Juan_Kenobi 9y agoArbitration must remain voluntary, as your right to a proper court must not be violated.
- macspoofing 9y agoAgain, I'm not sure about that. Speaking in generalities, why can't two parties enter into binding arbitration? For example, divorce arbitration can be significantly cheaper than going through the court system but it only works if it's binding otherwise one unsatisfied party can simply ignore the ruling.