Poll: Americans Overwhelmingly Dislike Binding Arbitration, South Leads in Disapproval
MONTGOMERY | Americans generally disapprove of mandatory binding arbitration provisions in consumer contracts as an alternative to civil legal proceedings with a judge and jury, a recent national poll found.
“Consumers don’t have a choice when it comes to mandatory binding arbitration and are at the mercy of CEOs and the large corporations who choose the arbitrators,” Bob Prince, president of the Alabama Association for Justice (ALAJ), formerly the Alabama Trial Lawyers Association, said.
The poll, conducted by Peter D. Hart Research Associates, found that when those polled learned that consumers surrender their right to a jury trial when an arbitration provision is in place, the company picks the arbitrator and that binding arbitration can apply even if someone is seriously injured, 81 percent disapproved of binding arbitration provisions.
Consumers often must sign contracts containing binding arbitration provisions, and these range from cell phone contracts to cable TV service and nursing home care. These contracts state consumers waive their right to trial by jury over a dispute and instead agree to have any disputes settled by an arbitrator (usually chosen by the company).
Across regions, the South tied with the
“Southerners don’t want to sign their right to a jury trial away in favor of arbitration,” Prince said. “Arbitration only works when both sides agree to it voluntarily, and that is not a choice consumers are given with mandatory binding arbitration provisions.”
