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Special Report on

Avoid Mandatory Binding Arbitration

avoid mandatory binding arbitration special research report Photo by www.mylemon.com
COMES NOW the Defendant to compel arbitration pursuant to the arbitration terms contained within the attached Citibank Cardmember Agreement(Agreement). It states under the ARBITRATION section on page 11 and 12 of the Agreement: “ARBITRATION – PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE ...
wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or " arbitral tribunal "), by whose decision (the " award ") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial ...
REVIEWS AND OPINIONS
More credit card issuers ditch mandatory binding arbitration ...
Even more customers can expect relief soon from a once nearly universal provision of credit card agreements that many debtors and their advocates consider profoundly unfair. The provision in question is the compulsory arbitration of disputes, a procedure that critics say works against the best interests of consumers, partly because it prevents them from taking their complaints to court. Several of the nation’s largest credit card companies — including Chase and, just in recent weeks, Bank of America and Capital One — have announced that they are dropping the arbitration requirement from their consumer ... market research, surveys and trends
Mandatory Employment Arbitration Agreements in California | Sex ...
On April 26, the California Supreme Court issued a decision providing useful clarification to employers intending to revise or enforce existing mandatory arbitration agreements . In summary, the court ruled that: (1) clear error of law will serve as a basis for vacating an arbitrator’s award where the error deprives an employee of a hearing on the merits of their Fair Employment and Housing Act (FEHA) claims or other unwaivable statutory claims; (2) arbitration agreements may lawfully preclude employees from pursuing administrative adjudication of their state law claims; and (3) in FEHA cases, the Supreme Court’s ... market research, surveys and trends

SURVEY RESULTS FOR
AVOID MANDATORY BINDING ARBITRATION

Binding Arbitration Is Not Frequently Used to Resolve Health Care ...
Resolution of disputes between patients and health-care providers first became a pressing problem in the 1970s, when malpractice claims grew dramatically. More recently, the growth of managed care has introduced new sets of decisions and decisionmakers into the delivery of health care; now, health plans join with providers in determining appropriate treatment programs and reimbursement schedules, along with access to qualified specialists. The new panoply of decisionmakers and growth of controls substantially increase the probability of disputes. Anecdotal evidence suggests that, to mitigate the consequences of increased ... industry trends, business articles and survey research
Mandatory Franchise Dispute Arbitration Under Assault | Business ...
Richard Welshans and his wife Deborah are typical in many ways of enterprising individuals who choose a franchised business to build a career. After Richard was laid off from his sales job at a chemical manufacturing plant, owning a small business appealed to them. But in the six years since they signed the franchise agreement in 2003, making them owners of a Coffee Beanery shop in trendy Annapolis, Md., their nightmarish experience has become a cautionary tale for any potential franchisee -- beware the fine print. In particular, their case highlights how many franchisors are misusing mandatory binding arbitration clauses in ... industry trends, business articles and survey research
RELATED NEWS
Mediation provides low cost solution for dispute resolution
Your company has a dispute with a customer, or perhaps a vendor, and a valuable relationship is at risk, not to mention your money and your reputation. Are you doomed to fight it out down at the courthouse in the public eye? Are you prepared for a protracted, knock-down, drag-out brawl that... Your company has a dispute with a customer, or perhaps a vendor, and a valuable relationship is at risk, not to mention your money and your reputation. Are you doomed to fight it out down at the courthouse in the public eye? Are you prepared for a protracted, knock-down, drag-out brawl that could cause a significant business interruption? ... market trends, news research and surveys resources
VAUGHN v. MASSA
Plaintiff Alethea Vaughn appeals from the denial of her motion for reconsideration of a July 17, 2009 order barring the use of an expert report she produced as an amendment to interrogatories six days prior to the discovery end date. We affirm. Plaintiff filed suit against defendants Peter N. Massa and Broadway Bus Company (Broadway) for personal injuries suffered when, as alleged in her complaint, she was struck by a Broadway-owned bus operated by Massa while seated on a motor scooter in the City of Bayonne. At the time, plaintiff was working as a "traffic officer." She alleges Massa was negligent and proximately ... market trends, news research and surveys resources

INFORMATION RESOURCES

Mandatory Binding Arbitration: Civil Injustice By Corporate America
MANDATORY BINDING ARBITRATION PAGE 9. Although large corporations generally favor arbitration, most companies and executives go to great lengths to avoid ... technology research, surveys study and trend statistics
MANDATORY BINDING ARBITRATION AGREEMENTS: ARE THEY FAIR FOR ...
Mandatory binding arbitration clauses in agreements may re- ...... that you are doing in terms of trying to help other people avoid that pitfall. ... technology research, surveys study and trend statistics
MANDATORY, BINDING ARBITRATION FOR OLYMPIC ATHLETES: IS THE ...
so limit the application of any unconscionable term as to avoid any .... agreeing to mandatory and binding arbitration. As discussed earlier ...
REAL TIME
AVOID MANDATORY BINDING ARBITRATION
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QUESTIONS AND ANSWERS
Comparisons between arbitration and conciliation? - Yahoo! Answers
Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: * when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed * arbitration is often faster than litigation in court * arbitration can be cheaper and more flexible for businesses * arbitral proceedings and an arbitral award are generally non-public, and can be made confidential * because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce in other nations than court ...
Google Answers: mandatory divorce mediation
Approximately how many jurisdictions offer or recommend that divorcing couples use mediation as an alternative to having the court determine their settlement? And how many jurisdictions have legislation that requires divorcing couples to try mediation before a judge will hear the case? I don't need specific numbers; I just want to be able to say how common mediation has become for divorce and custody settlements, and I want to include a ballpark estimate of how many places are requiring that couples try this avenue first. So approximations are fine -- or even general comments containing this information, if ...