Commentary | Evil Mandatory Arbitration Agreements

By John Jay

Everyone should be aware that required, mandatory arbitration is now spreading faster than the fastest cancer!!! Health plans have them, and hundreds of other places have them!! They are super evil, for the following reason:  You, the victim, do not get to pick the arbitrator; the opposition does, and they know who the best arbitrators are with absolute certainty.  I repeat, for emphasis;   the other side knows which arbitrators to pick (which ones will rule in their favor).

Remedy to counteract this monstrous evil:   

Many years ago, while earning a Legal Assisting (Paralegal) degree at Oxnard College, we had a course on contracts, which included a month of coverage on arbitration agreements. I have also had much experience of my own with agreements with arbitration clauses. The way to counter- act these evil clauses is as follows:

Before signing, add the word “proviso”(put that word “proviso” somewhere in the document). At the bottom of the last page, state the following: “The following proviso is added, to the effect that the signer will pick the arbitrator, from a list of arbitrators.” If the other side will not agree to that proviso, do not sign the document. Then go find an attorney who specializes in contracts and get his or her advice.