The Unexpected Shackles of Binding Arbitration

 

If we think about arbitration at all, we think of it in terms of a dispute resolution mechanism written into large, complex contracts. We don't think of ordering a pizza online, streaming a movie, or using our cellphone. We probably don't expect it to involve our workplace. Yet, here we are, with everyone likely subject to at least one binding arbitration agreement of which they're not even aware. Are there horror stories? You bet there are. We talk with two experts in the field to understand how we got to this place, and what it means now that we're here. What do our lives really look like now that we've unknowingly signed away one of our fundamental legal rights in exchange for some free food?

Guests:

Professor Thomas J. Stipanowich - William Webster Chair in Dispute Resolution, Pepperdine University School of Law

E. Drew Britcher, Esq. - Senior Partner, Britcher Leone & Sergio LLP, New Jersey

Episode Notes:

Tom Stipanowich’s SSRN page (publications) and the Straus Institute for Dispute Resolution

Drew Britcher’s biography and professional qualifications

American Arbitration Association

JAMS

International Institute for Conflict Prevention

“Give Me Back My Rights!” arbitration blog

Public Citizen on forced arbitration

American Association for Justice - “The Truth About Forced Arbitration

Show Notes:

Music by the mysterious Breakmaster Cylinder.

Show branding by Peg Fitzpatrick, Roni Lagin & PMG Group.

P.R. and social media by A B+C Creative.

 
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