Ask Your Question

Angie's List Answers is the trusted spot to ask home improvement and health questions and get answers from service companies, health providers and consumers. For ratings and reviews on companies in your area, search Angie's List.

Top 30 Days Experts
Rank Leader Points*
1 kstreett 240
2 Guest_9020487 110
3 Guest_9190926 105
4 GoldenKid 100
5 ahowell 95
6 KnowledgeBase 95
7 skbloom 80
8 Guest_98024861 70
9 Guest_9311297 70
10 Guest_9400529 70

*Updates every 4 hours

Browse Projects By Category

Question DetailsAsked on 12/5/2017

Should contractual demands for mandatory arbitration be a basis for negative comments in a review?

Requiring mandatory arbitration without including the customer in the choice of arbiters and making the process unnecessarily expensive could seem a lot like stacking-the-deck. Doesn't it indicate a lack of confidence in a contractor's capabilities, if he is afraid of taking his case to court or accepting even handed arbitration?
Isn't requiring mandatory arbitration like saying, "If you want me to do this work for you, then you must give up your constitutional right to a trial by jury"? Seems much like a customer saying, "If you want me to pay you to do work for me, I expect you to sign away your right to sue or hire a collection agency.
US law presumes that a contract is an agreement between EQUALS, not some edict by whoever has the most money.

Do you have the same question? Follow this Question

1 Answer


Certainly yes in my book, especially if it does not hve the normal arbitrator selection criteria where if both parties propose one or more and then if both parties cannot agree on one, they each choose one and those two then choose a neutral third party arbitrator to hear the case. Generally, arbitration is defined as having to be by the American Arbitration Association or JAMS (where arbitration is done by retired judges).

Arbitration is commonly a lot cheaper and quicker than going to court, not more expensive - but, especially with binding arbitration (which you cannot challenge in court) can lead to some shocking results, not that wacky findings do not come out of courts too.

But binding arbitration in a normal small residential contract is unusual and would be a red flag for me - and would have to phrased such that it does NOT have to be invoked before one can file a claim against the contractor's Bond for non-performance or poor performance. Sometimes it is phrased to specifically remove the Bond protection.

Answered 2 years ago by LCD

Related Questions

Terms Of Use
Privacy Policy