Attorney Ron SykstusI have written extensively regarding binding mandatory arbitration.  It is a contractual mechanism used to limit judge and jury trial rights which are fundamental in our country.

Real World Example of Arbitration

Needless to say, I am not a fan of arbitration.  In a real world example, arbitration has taken center stage in a sexual harassment lawsuit filed by reporter Gretchen Carlson against Roger Ailes of Fox News. This Washington Post article is a primer for everything you ever wanted to know about arbitration and it explores many of the nuanced angles of this case in depth. Additionally, a New York Times article noted a complicating factor about how the arbitration clause that is being invoked in this case contained a confidentiality clause which could shroud this case in secrecy.

Here is the arbitration clause that was used in this contract:

arbitration-clause

My advice is to do your best to always try to avoid signing a contract that contains binding mandatory arbitration.   This article is Exhibit A as to why arbitration in any type of contract should be avoided at all costs.

Ron Sykstus
Written by Ron Sykstus

Ron Sykstus is a Managing Partner of several of the Bond & Botes Law Offices throughout Alabama. He holds a Bachelor of Science from the University of Arizona, Tucson, and a Juris Doctorate from the Northern Illinois University College of Law. Ron has served in numerous positions throughout the U.S. Army and now utilizes his expertise in the areas of VA issues, security clearances, military law, and bankruptcy to assist his clients when they need it most. Read his full bio here.

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