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Re:Let Consumers Sue Companies by mikeash on Tuesday August 22, 2017 @11:26AM (#15073323)
I don't understand why binding arbitration is legal for anything ever. Having your disputes resolved in court is a fundamental right. Signing away that right in a contract should be impossible, like signing yourself into slavery.
Re:Let Consumers Sue Companies by uiri on Tuesday August 22, 2017 @11:41AM (#15073476)
I agree with you in principle that you shouldn't be forced into binding arbitration a priori before any dispute arises. I disagree with you on the point that I think binding arbitration can be a useful alternative remedy to the traditional legal system.

Binding arbitration serves to resolve the dispute. If you can go through binding arbitration and then still go on to sue in court, then it isn't really very binding, is it? So, in order for binding arbitration to be binding, it has to be possible to legally contact too resolve a dispute by binding arbitration. In doing so, you contract to abide by the judgement and waive your right to pursue further legal action (with potentially a handful of exceptions). It is often beneficial for both parties to go through the accelerated process of binding arbitration rather than drag disputes through the overworked court system.

Re:Let Consumers Sue Companies by mikeash on Tuesday August 22, 2017 @12:17PM (#15073847)
I see how it could be advantageous. It just doesn't seem worth it.

For just about any fundamental right, you can come up with scenarios where it would be advantageous in that scenario to be able to sign them away. But we generally don't allow this, because those fundamental rights are more important than whatever advantage might come from signing them away.

I don't see that the "binding" in "binding arbitration" is necessarily in conflict with the ability to sue. Contracts themselves are considered to be "binding," yet we can still sue over them. If binding arbitration were similar to that, then you could still sue over the result, and the court's job would be to look at the result of arbitration and decide whether it was correct or not. If the arbitration is truly beneficial to both parties then neither one will sue.

Re:Let Consumers Sue Companies by xxXXxx- on Tuesday August 22, 2017 @12:01PM (#15073689)
>I think binding arbitration can be a useful alternative remedy to the traditional legal system.... It is often beneficial for both parties to go through the accelerated process of binding arbitration.

We see this on TV.

Those court shows (Judge Judy, People's Court, Judge Mathis, etc) are not actually "real" court, but are binding arbitration. By agreeing to arbitration both parties who appear in those forums "win" in some way no matter the outcome. The judgement is paid by the show instead of the defendant, both parties get an appearance fee plus an all expenses paid trip to Los Angeles or New York (depending on the show). So the plantiff is guaranteed quick payment if they win the case and the defendant is guaranteed not to have to pay even if they lose.

Another benefit is the plantiff doesn't have to express any effort trying to collect the judgment (like appearing in court again to get an order to garnish the defendant's bank accounts) and the defendant won’t have any civil judgement on their record (they can show up on your credit report and can negatively affect your credit score)

On top of all this the audience is entertained, Judge Judy is one of the most popular daytime shows.

(Also the judges on these shows are [usually] MORE experienced than the magistrates who hear cases in small claims court)

Re:Let Consumers Sue Companies by baddox on Tuesday August 22, 2017 @04:42PM (#15076192)
There's no incompatibility with something being a right and someone choosing to not exercise that right. Your argument is similar to arguing that you should not be allowed to speak while under arrested, or that you should be forced to own property.
Re:Let Consumers Sue Companies by QAPereo on Tuesday August 22, 2017 @04:55PM (#15076309)
Turn it around and it's just a matter of not allowing anyone else to infringe on your rights to that extent; to go back to his example maybe you do have the right to sign yourself away to slavery, but nobody has the right to take up that contract.
Re:Let Consumers Sue Companies by baddox on Tuesday August 22, 2017 @11:27PM (#15078291)
Everyone uses the "signing yourself into slavery" example, but it's not clear what that means. If you consent to it, then it's not slavery (you can make arguments about "wage slavery," but I think that's a different issue). If you sign a contract to perform labor for some period of time, then change your mind later, the contract likely has some terms for breaking the contract early, and if it doesn't, it's probably not likely to be enforced by any court.
Re:Let Consumers Sue Companies by mikeash on Wednesday August 23, 2017 @11:44AM (#15082409)
Not being allowed to quit is pretty much the defining aspect of slavery.
Re:Let Consumers Sue Companies by baddox on Thursday August 24, 2017 @08:56PM (#15095343)
A pretty fundamental part of any contract is the cost to a party if they wish to terminate the contract.
Re:Let Consumers Sue Companies by QAPereo on Wednesday August 23, 2017 @07:22AM (#15080476)
That's nothing like slavery then.
Re:Let Consumers Sue Companies by mikeash on Tuesday August 22, 2017 @04:57PM (#15076322)
Choosing not to exercise a right is completely different from giving up a right.

I can choose to speak while under arrest, but I cannot give up my right to silence. I can choose not to own property, but I cannot give up my right to own it.