Hosted by the Alternative Dispute Resolution Committee
This CLE program addresses perhaps one of the the most pressing "hot" topics in the field of alternative dispute resolution, particularly in consumer and nursing home cases, Pre-dispute Arbitration Clauses.
More and more companies are inserting these arbitration clauses in contracts, especially consumer contracts, nursing home contracts and stock broker contracts, among others. The companies believe that these clauses are an efficient way to dispose of cases. Plaintiffs believe their clients do better with a jury trial and are not knowingly and willing waiving their right to a trial.
The panelists with expertise in trial advocacy and arbitration/mediation will discuss cases that are deemed contracts of adhesion and are stricken by the court. The grounds may include:
- Not prominently printing the arbitration clause
- Not providing both sides an equal opportunity to either select or reject arbitration
- Providing a mechanism that is burdensome - such as an inconvenient place of arbitration
- Because of circumstances, not giving the plaintiff an actual choice
In addition, even when the conditions of an arms-length contract are satisfied, there is an issue as to whether there is, in reality, an informed decision and agreement. Some may that say pre-Dispute arbitration clauses should NOT be allowed or that the plaintiff should have a few weeks to opt out.
Hear panelists present arguments on both sides of this issues.