Mitigating the Potential Damage of Being Stuck in Arbitration
As TortDeform regulars know, we debate about binding mandatory arbitration a lot on this site (i.e., see the comments section for this prior post). I thought I'd pass along some great reads I've come across, thanks to others' tips and my own digging, for those who have yet to decide how they will weigh in on the debate. So...
First, thanks to Paul Bland of Public Justice for a tip on two interesting reads on binding mandatory arbitration: an article advancing the case for bma in securities cases, and an article scrutinizing bma's appropriateness when applied to parties of unequal bargaining power, giving special attention to bma's impact on large, complex, and class action claims.
Next, moving from the bigger policy questions to the practical question of what to do once you've already been sucked into bma, thanks to Daniel de Bonis at Public Citizen's WatchDog blog, who offers this informative post, and cites to CreditCards.com's 6 tips for dealing with binding mandatory arbitration.