Quote:
Originally Posted by Peter_Spaeth
Which can be waived, no?
But I digress, I am not a proponent of altering rights via fine print. My only point is it gets hard to draw lines sometimes between situations involving genuine consent and those not.
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Peter,
Absolutely can be waived. But, as you previously noted, there is a rather distinct difference between being a member of a collective bargaining unit, which has voted to agree to arbitration as a way to resolve claims, and doing it, mostly unknowingly, because the alleged "waiver" is buried six pages deep in the fine print of the adhesion contract that you entered into because you have absolutely no bargaining power but needed a credit card -- the actual terms of which generally show up in the mail about six weeks later.
There is a reason why businesses like arbitration and don't like jury trials. One does not need to be a member of Mensa to figure out that arbitration is heavily leveraged toward the business (or employer) and is not a good deal for the consumer or employee. I could go on for ever about that, but you and I both know that, at least in the commercial and employment contexts, the complaining party is almost always going to take it in the ass. And the fact that the Supreme Court has recently been complicit in screwing the little man and eliminating the Constitutional right to trial by jury is nothing short of sickening IMO. 'Nuff said.