Arbitration: Give Up Your Right to Trial by Jury

25 Oct 2022 · 1 min

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In this short monologue, Jerry Taylor explains that arbitration agreements are embedded in many everyday contracts—credit cards, nursing home admissions, medical services, insurance policies, and bank agreements. He emphasizes that signing such an agreement waives the constitutionally guaranteed right to a jury trial, forcing any dispute to be resolved by a panel of arbitrators, who are typically retired judges or lawyers. Taylor argues that arbitrators view cases differently than a jury of peers and that this can disadvantage the consumer. He concludes with a practical warning: read contracts carefully and avoid signing arbitration clauses whenever possible.

Chapters

Here's a test of your legal knowledge. Do you know what an arbitration agreement is? Chances are you've signed several. You should avoid ever signing one again if you can. If you have a credit card, you've signed an arbitration agreement. If you've admitted a loved one to a nursing home, you've probably signed an arbitration agreement. You may have signed one at your doctor's office, in your insurance policy, with your bank. But here's the bottom line on arbitration. When you sign an arbitration agreement, you are giving up your constitutionally guaranteed right to a jury trial. This means that if something happens and you're damaged or injured by the other party, you cannot bring a case in court against them. Your only recourse is to have your case heard by a panel of arbitrators who are usually retired judges or lawyers. The way a retired judge or a lawyer views your case is typically much different than a jury of your peers. The lesson here is read the contracts you're signing.