In the case of the oral surgeon, I'm going to assume that you sign the waiver which contains an arbitration clause. There are two likely outcomes: (1) if you el

In the case of the oral surgeon, I'm going to assume that you sign the waiver which contains an arbitration clause. There are two likely outcomes: (1) if you elect to go to arbitration and are unhappy with the results and seek to challenge them in court, the state judge would likely rule against you [as a general proposition, state and federal judges do not give much legal weight to challenges to outcomes of arbitration proceedings] (2) if you elect to challenge the arbitration clause in the waiver itself without going through arbitration, depending on state law, you may (or may not) have a claim. For more information, ask your local attorney who should be happy to talk to you about it. As for should it be legal, please consult your state legislature or Congress. To parent post: arbitration is generally faster than litigation, but depending on the kind of contract involved my not yield the result you desire as arbitrators have a tendency to use the King Solomon approach and make sure each party gets something. Courts are hesitant to overturn arbitration determinations. Arbitration proceedings also allow evidence that would not be admissible in court and generally have less procedural rules. Most experienced or skilled arbitrators are former judges or lawyers. Also, make certain who will bear the arbitrator's fee before you begin. It can also take many days. It is probably best to have your position written down on paper to submit before hand, but it all depends on the individual arbitrator to whom you've been assigned. I've had the most experience with the American Arbitration Association, see http://www.adr.org/sp.asp?id=29157 http://www.adr.org/sp.asp?id=29157 They are happy to field questions.