JourneyOfLife
02-22-2016, 09:43 AM
This Post is about a growing trend. The use of Arbitration Clauses... being placed in contracts that limit people's access to courts.
If this practice becomes common place; Could it, in effect, void the laws of the land, intended to protect citizens?
This Nursing Home article is disturbing at multiple levels!
http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html
More background about how the practice is growing and spreading to various industries. Some of this stuff will probably matter to you and yours!
www.nytimes.com/interactive/2015/10/30/business/dealbook/arbitration-trends.html (some charts about industries adopting it)
www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html
Quote NY Times:
When plaintiffs have asked the courts to intervene, court records show, they have almost always lost. Saying its hands were tied, one court in California said it could not overturn arbitrators’ decisions even if they caused “substantial injustice.”
Unfettered by strict judicial rules against conflicts of interest, companies can steer cases to friendly arbitrators. In turn, interviews and records show, some arbitrators cultivate close ties with companies to get business.
www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html
www.nytimes.com/2015/11/03/business/dealbook/in-religious-arbitration-scripture-is-the-rule-of-law.html
If this practice becomes common place; Could it, in effect, void the laws of the land, intended to protect citizens?
This Nursing Home article is disturbing at multiple levels!
http://www.nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html
More background about how the practice is growing and spreading to various industries. Some of this stuff will probably matter to you and yours!
www.nytimes.com/interactive/2015/10/30/business/dealbook/arbitration-trends.html (some charts about industries adopting it)
www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html
Quote NY Times:
When plaintiffs have asked the courts to intervene, court records show, they have almost always lost. Saying its hands were tied, one court in California said it could not overturn arbitrators’ decisions even if they caused “substantial injustice.”
Unfettered by strict judicial rules against conflicts of interest, companies can steer cases to friendly arbitrators. In turn, interviews and records show, some arbitrators cultivate close ties with companies to get business.
www.nytimes.com/2015/11/02/business/dealbook/in-arbitration-a-privatization-of-the-justice-system.html
www.nytimes.com/2015/11/03/business/dealbook/in-religious-arbitration-scripture-is-the-rule-of-law.html