Module 5: Arbitration and Unconventional ADR


Take a look through the contracts and agreements you have signed in the past and find an instance where you have subjected yourself to arbitration in advance of conflict. This could be a cell phone contract, a car or home loan, a gym membership, cable/internet service, or any other agreement you may have with a company where arbitration is pre-emptively imposed in writing. Note: You probably didn’t read through these agreements when you signed them — that is very common. So you may have to go back to them and read them carefully to refresh your memory. But most companies with contractual agreements will impose an arbitration clause, so this shouldn’t be too hard to find.

Describe what the contract and what the arbitration clause requires. Where will arbitration be held (what venue)? What rules will apply? Are there any stipulations or limits on the parties and their rights in the process? Does the clause address confidentiality? Or costs of arbitration and who pays? As you read through the agreement you signed for arbitration, did anything surprise you? Was there anything you were previously unaware of?