
A guest blog by Jordan Fogal.
What happens when a Republican homemaker goes up against an elusive construction company, a faceless bureaucracy, and the whole housing-industrial complex? Find out by reading Home Sour Home from Mother Jones. Her experience concerning arbitration is below: Do you think arbitration laws do not apply or concern you? Do you have a new home, a car, visa, master card, discover card, american express, storage room, cellular phone, or have signed any kind of contracts, then you are bound by arbitration. You no longer have seventh amendment rights.
Most people do not realize these seemingly insignificant leaflets in there bills, are not privacy act nonsense or marketing offers. These little, well written legalese flyers are informing you ... that by continuation of services, you have just given up your right to a trial by jury and access to the courts
Because jackpot justice and lawsuit abuse needed to be contained, big business saw it's opportunity. Using this as it's madra, big business has taken over consumers lives with the ease of a stealth bomber. Frivolous lawsuits stop being frivolous when they happen to you.
Consumers were spoon fed an egregious spin on the arbitration process. Tort refrom/arbitration was going to: free up the courts, lower insurance rates and be faster and cheaper. Have you noticed how none of these things happened? Big business now has a built in clause to protect them from any responsibility.
No where is the public informed that most cannot afford arbitration. The costs are astronomical. Private companies like the American Arbitration Association, (AAA) now have complete and unrelenting power over every facet of citizens lives. No longer can consumers avail themselves of the court system, a system they pay for in their taxes. Subterfuge, half truths and lies abound when trying to get straight answers about arbitration. Can you afford fifty to a hundred thousand dollars to protect yourself? Most consumers can't ... big business knows this and uses it to their decided advantage.
In arbitration the rules of law do not apply. It is a secret kangaroo court held behind closed doors. No media is allowed. Most victims of arbitration come out in shock, many are under gag orders, referred to as secrecy agreements. Consumers are lambs to the slaughter and clueless when they meet this big bad wolf.
In arbitration the burden of proof is on the consumer. Consumers must pay for an attorney, expert testimony, case service fees, filing fees, arbitrators fees (sometimes up to $3000 dollars a day) and even the rental on the room and the stenographer. If you do not have the ready cash... you will be ask to provide your credit card information ....so they can charge to your account as costs accrue. Then you can be paying off arbitration fees forever. With the new bankruptcy laws that protect big business and the rich, consumers can no longer get relief there either.
Consumers who study the arbitration process learn quickly not to file. This sets up the win-win for the perpetrator. They also know if you complain to loudly they can threaten to file on you. You will never be free of this insidious clause. Consumers are trapped by any dispute rising from claims, past, present or future. In arbitration even blatant, fraudulent activities are protected.
Big business has the arbitration system down pat. Their legal teams, lobbyist, arbitrators and wealthy cohorts protect each other. These businesses are the repeat clients of the arbitrators and AAA, this alone comprises fairness. Most consumers, after arbitration find themselves in bankruptcy, foreclosure and emotionally as well as financially devastated. They won't be repeat customers.
We have been in arbitration and speak from first hand experience. The courts uphold arbitration decisions. There is no appeal. Until the public becomes aware and educated this privatization of the legal system will continue. We the people are the collateral damage of tort reform.