|
|
|
|
|
|
An Article
|
|
ARBITRATION IS AN ATROCITY
No one mentions two reasons that cause high foreclosure rates - bad builders and arbitration clauses
July 17, 2007
By
Jordan Fogal
|
|
|
|
| |
Yes, it is 'privatizing' a governmental function, and should clearly be banned. It isn't enough that most justices get all the 'perks' of those state and federal pension plans (while complaining about their 'low' salaries, in addition to those 'political campaign' contributions and free lunches, and even 'educational vacations,' they then 'incorporate' after retirement (since you get 'full' federal and state benefits after less than 20 years 'civil service') to further their profits, and there is also the 'one hand scratches the other' with even court ordered arbitrations in their referrals.
Yes, 'justice' in America has become 'big business' and affordable now to few, and if arbitrations are ordered by the courts first, then there should be no fees for 'rooms' or added costs involved - and their use ineffective in many cases. And, again, privatizing 'redress' is not what the founders intended, and these 'justices' not even held under constitutional standards at all.
And insofar as I'm concerned, any contract 'mandating' them also unconstitutional on their face, for the very reason stated above.
Posted Jul 18 2007 11:57PM CEST
|
| |
|
| |
Username withheld
Phoenix, Arizona |
| |
|
|
| |
Arbitration and mediation clauses are nothing more than yet another costly legal loophole for people to have to jump through. All too often they result in NO resolve of the matter other than costing thousands of dollars. Not only that, you give your case away if and when you DO have to go to court so now they know how to argue against you.
All these arbitration and mediation centers that have popped up are just corporations - money making machines that play upon the emotions of persons who face litigation. One more way for the lawyers to make money. One more way for retired judges to make money on top of collecting mass amounts in retirement. One more way for citizens to lose money. Why not just go to small claims court instead? If it's a more costly demand then just cut right to the chase and settle in court.
Posted Jul 18 2007 8:26PM CEST
|
| |
|
| |
Username withheld
, ot |
| |
|
|
| |
Aren't there state and or city inspections required at different points during construction in Houston, or a State Registrar of Contractors who is responsible for consumer complaints and force builders to comply or have their licenses suspended or revoked?
In some states, there is at least two years after construction or a major remodel in the event that the work is defective, and if the contractor doesn't adequately repair it or respond, his license is subject to being revoked, or a consumer can file against their bonds.
Although this does sound complicated, there are many boilerplate contracts now supposedly 'mandating' arbitration rather than going through the courts, and it is a toss up right now which is the most cost effective or best method for small damage dispute resolution.....but the 'option' of either should be left to the parties and these corporate entities do take advantage in that the 'terms' of these contracts are not 'mutually' beneficial with equal protections and rights at all. The realtor associations also have a 'binding' arbitration clause in their contracts, and it is really funny that the 'employees' such as agents and contractors, 'dictate' the terms to those who are purchasing their wares or employing them, and are 'high profit' or 'high commission' items to begin with.
Tort reform is needed and 'mandatory' arbitration clauses eliminated. But that MacDonald's case and award had no 'reasonable' basis for the amount awarded at all, and although maybe not 'frivolous' they weren't 'responsible' for the accident and unscrupulous attorneys have also been know to 'employ' their high paid medical experts to 'embellish' the actual injuries or run up medical costs too in many cases......so there is abuse of the system all around on both sides with 'justice' not being served, again, nor recompensation for damages or injuries sustained to those who are justifiably injured by negligent acts.
It will be interesting to see if Congress is ready to address the judicial and court corruption and abuse that is going on, so that they are available to all Americans once again as intended by the founding fathers. But civil cases certainly could be streamlined and facilitated with 'attorney free' courts in some consumer and other matters in the lower courts, and would do much to equalize the playing fields and get rid of the 'political' aspects of a great many cases.
Posted Jul 18 2007 5:39AM CEST
|
| |
|
| |
Username withheld
Phoenix, Arizona |
| |
|
|
Return to 'ARBITRATION IS AN ATROCITY' |
Submit a comment
|
|
|
|
