tag:blogger.com,1999:blog-569140567104079936.post2064569645266349779..comments2009-10-14T18:51:48.283-04:00Philip Mileshttps://profiles.google.com/104787858732808759480noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-569140567104079936.post-83377826721006758962009-10-14T18:35:08.743-04:002009-10-14T18:35:08.743-04:00No, both sides don&#39;t agree that arbitration is necessarily faster and cheaper, nor that those two attributes are inherently good.<br /><br />Some of Public Citizen&#39;s reports, as well as other consumer org&#39;s findings, have shown that arbitration can be very costly, and can even drag on as long as litigation. Neither method of dispute resolution precludes using a lawyer, either, which adds to the expense of either suing or arbitrating. Consumers may be told they &quot;don&#39;t need a lawyer in arbitration&quot; but this is a damaging half truth. You don&#39;t have to have a lawyer in court either, but you need one in both methods of dispute resolution because the corporate opponent likely has not only a lawyer but a legal dept.!<br /><br />That there is inherent bias and secrecy in private industry run arbitration is so patently obvious I won&#39;t even debate it here; it&#39;s more than adequately covered in other easily found sources such as Public Citizen already named.<br /><br />Speed in arbitration can be a trap for a consumer because they often don&#39;t have a clear idea what their damages are at first, such as in a construction defect or home warranty dispute. What about injuries where they&#39;re not even done being treated yet? <br /><br />I&#39;ve seen homeowners get cosmetic crack repairs from a builder, then months later they have expensive foundation failure, but have signed away their rights by the time they realize that. In litigation or even anticipation of litigation, there is time and effort put into assessing the situation. Being forced to arbitrate quickly often means less pay out to the contractor even if he loses, another reason businesses profit from depriving consumers of their leverage and rights when they retain the right to sue. Most do not want to sue, they just want what they paid for.Anonymousnoreply@blogger.com