Arbitration – Disney Abandoned a Brazen Legal Tactic. Uber Is Doubling Down

Arbitration is not as bad as everyone thinks if you are smart and know the law. First it allows you to talk to the other party in a way that illuminates you are willing to go far enough to seek remedy to your grievance. Secondly, it does not oblige you to make a deal. In fact, a no deal finding will help you when you sue in court after. Many arbitration agreements suggest you give up this right but that is an illegal clause. You can always sue. Just not in a class action. But for the most part, if you go to court they will likely (knowing you know the law) offer you a settlement.

Remember contracts can be changed by you for any reason at any time. And any contract that removes your rights is by law, unlawful and void. You can even sue them for the denial of rights under the color of law. If you have the time.

This arbitration solution was designed as voluntary and intended for B2B. Somehow it became part of shrinkwrap consents. We deserve a consumer oriented carveout for mandatory arbitration.