As a general rule, arbitration is a great tool for multiple parties to resolve a dispute without going all the way to trial.
The issue isn't with arbitration on it's face, but forced arbitration as dictated by a single party.
And of it’s forced through the AAA is even worse.
No. Arbitration can save all parties time and money in many types of disputes. It's often reasonable for a negotiated contract between near-peer parties to contain an arbitration clause.
What should be illegal is arbitration clauses in non-negotiable terms of service.
Because the wrong people are in power to allow it to happen.
It's legal because people agree to it as part of entering a contract. And as scummy as you or I may believe it to be, people still enter into such contracts, and courts have not ruled them unconscionable.
people agree to it
Hardly an agreement if it's predicated on access to a service, particularly if the service is a utility, a monopoly, or a cartel.
If every vendor uses uniform language as a means of mitigating their own collective liability, the agreement is functionally coerced.
I agree, but I also think we need to be aware of what we agree to when entering service agreements. Certainly for something like an ISP for which there is often a monopoly there may not be much of a choice, but even when you do have a choice, how often do you actually read what you're agreeing to? We have the option to try to vote with our wallets, but instead we've collectively just continued to sign up for services that have arbitration agreements. If companies see only token resistance to such contracts then they're not going to be deterred.
even when you do have a choice, how often do you actually read what you’re agreeing to?
You don't bother precisely because it's an enormous amount of work for no discernable benefit.
What are you doing to do? Not rent a car or fly on a plane? Not own any electronics or motorized vehicles? Not rent an apartment? Not use software?
We have the option to try to vote with our wallets
Do we? What good is money if we can't spend it?
I suppose you're right. We are powerless and griping on the internet is the only catharsis available to us!
it is. contracts can not make you go against the law.
meh, that only applies to what, 5% of the world's population?
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