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Challenges and Criticisms of ADR
Power imbalances, enforceability, and lack of transparency.
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SUMMARY - Challenges and Criticisms of ADR

A consumer signs a cell phone contract containing a mandatory arbitration clause buried in fine print. When the company overcharges them $2,000, they discover they cannot sue, must pay for arbitration that costs more than their claim, and face an arbitrator the company has hired repeatedly while they have hired once. An employee with a discrimination claim is forced into mediation where their employer's lawyer dominates the conversation while they sit alone, eventually accepting a settlement far less than what courts might have awarded.

Alberta
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Alberta
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