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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

RaySmuckles posted:

This.

I guess the smart move is to now go out and become an arbitrator who rules in favor of people instead of corporations. Why? Well, typically in these agreements both parties actually have to agree to an affordable arbitrator, so just refuse the corporate one and offer up your "affordable candidate" and take them to real court when they don't agree to the one you choose.

I was under the assumption that the agreements often had a "voluntary" aspect to them, i.e. they're phrased in ways such as "an arbitrator that both parties agree to will be chosen" basically banking on the fact that no one would know enough about the system to try to challenge them. Is this at all true? Do both parties have to agree on the arbitrator and can I start a firm of arbitrators?

The other problem I'm not seeing discussed in response to this idea is logistics. How are you reaching potential plaintiffs in need of arbitration? How do they know you exist? How do you tell them you are plaintiff friendly without explicitly stating you're biased in their favor? How do you hire arbitrators when the big firms can afford to pay better salaries with all that corporate revenue?

Keep in mind, most people who are hurt don't fight back; of those who do most don't get an attorney. All the structural advantages here are on the side of the institution.

Personally I am starting to suspect the answer is to presume arbitration clauses are invalid unless the party seeking to enforce can prove the parties negotiated at arms length and without adhesion.

Per sonally, yeah, I suspe

Hieronymous Alloy fucked around with this message at 18:54 on Nov 12, 2015

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