Read The Fine Print: Mandatory Arbitration Contractual Clauses

Read The Fine Print: Mandatory Arbitration Contractual Clauses

If an Arizona company that you contracted with to provide a service is, in your view, clearly breaching the terms of your agreement in a material way and not responding to your entreaties regarding contractual performance, you can take it promptly to court, right?

That is, you can secure the services of a proven business and commercial law attorney, march straight to the court house and vent your reasonable frustrations and indignation before a judge. You can use a courtroom as a public forum to demand in good faith that a remedy for the breach be provided and that the recalcitrant business entity you are dealing with be sternly and appropriately dealt with.

Uh, maybe.

But then again, maybe not. As many consumers are finding out, that outcome is far from being the universal right of aggrieved consumers squaring off against contract breachers.

Nor should it always be, of course. An experienced business attorney can often secure optimal results for a client without the need to go to court, which can, after all, be an expensive and time-consuming process. Sometimes a legal demand letter can work wonders. Mediation or arbitration can often yield a positive result.

Many consumers are presently finding, though, that arbitration is not always a dispute-revolving option; rather, it is foisted upon them as an “only choice” mechanism that they may not have wanted to pursue.

A recent Arizona media piece discussing mandatory arbitration notes that many consumers aren’t even aware of the requirement until they seek to resolve a dispute with a business.

In other words, they either didn’t read the contractual fine print or they didn’t understand it.

Granted, some consumers might prefer to pursue a resolution through arbitration, but, arguably, that should be an option for them, not the sole forum to reach a definitive outcome in a contractual dispute.

Persons with questions or concerns regarding any aspect of a legal agreement might reasonably want to secure the opinion and assistance of an experienced business law attorney prior to executing such a document and binding themselves to its provisions.

Call Cook & Price, PLC today at 480-407-4440 or email us through this website.

2017-09-28T05:39:48+00:00 October 1st, 2015|Categories: Business Litigation|Tags: |

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