Arbitration and Mediation Issues

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The American Association for Justice is working hard to return your buyer rights to you a a homeowner. Most builders use mandatory binding arbitration clauses in their contracts. This prevents you from taking the builder to court and having a jury decide the issues. Instead, you are forced into binding arbitration with a service selected by the builder.

Here is information directly from the American Association for Justice:

"You are stripped of your rights every time you sign any type of contract that contains a Binding Mandatory Arbitration (BMA) clause. Without knowing it, you may have already signed dozens of these clauses. They’re everywhere: health insurance contracts, telephone contracts, car contracts, rental clauses, babysitting clauses, credit cards, bank loans, nursing homes, summer camps, house repairs—you name it. Each time you signed, you gave away your constitutional right to use the American court system to solve a disagreement, no matter how important the disagreement.

BMA clauses strip you of your rights. They are virtually always written to help the other party—not you. BMA clauses are so bad that few consumers try to use them to solve a dispute. Instead, the consumer walks away from the dispute—even when the consumer has been terribly hurt. One study shows that in 50,000 arbitrations, consumers brought only fifty of those arbitrations. Companies brought the rest. Hundreds of types of businesses are sneaking these clauses into their paperwork. If you care about your rights, you must understand this issue, and help us fight binding mandatory arbitration (BMA).

Support our legislative efforts to stop BMA (binding mandatory arbitration) clauses in consumer contracts. The Give Me Back My Rights coalition is fighting to help pass both state and federal legislation, but we need your help. Very few congressmen have wanted to support any bill to help you. We need your help in persuading them. Please visit the Give Me Back My Rights website (http://www.givemebackmyrights.com/bma-takeaction-passleg.htm) to see how you can get involved. If you have a personal experience with binding mandatory arbitration then please share it with the campaign by filling out a form online (http://www.givemebackmyrights.com/bma-tellus.php).

We cannot allow consumers’ rights to be eroded. The use of binding mandatory arbitration clauses must be stopped. Thanks for doing your part to stand up to these abusive business practices."

If you have had an experience with arbitration, the American Association for Justice wants to hear from you. Here are some of the areas of information they are interested in:

1 - Was the binding arbitration clause in your contract, warranty or both?

2 - Did the clause name the arbitration service that must be used?

3 - How much did it cost you to file?

4 - How much was your total cost, including attorneys, expenses, etc?

5 - How long did it take to get a final decision from the arbitrator?

6 - Were you satisfied with the decision? Please explain.

7 - Were you awarded enough to make you whole?

8 - Did you ever collect the award or were all of the problems fixed?