Mandatory arbitration is a clause used in contracts that waives the right to a jury.

So when you sign a mandatory arbitration clause, you agree to take your disputes to an outside person – a person who looks at the case and decides who owes money, and how much.

This person is not a jury, so he or she will typically try to see both sides of the argument and make a fair deal for the two parties.

And that’s sort of the problem with mandatory arbitration: it’s not a jury of your peers. A jury will usually be more sympathetic to injured people and not care so much about being “fair.” That means more money for victims. Mandatory arbitration tends to award less money to victims.

Last week, I discussed how this clause relates to nursing home contracts when people are injured by nursing home abuse or neglect. Nursing homes are a common example of how mandatory arbitration can work, and why it can be such a terrible option for injured people.

Fortunately, even if you signed a mandatory arbitration clause, you may still have options if you get injured.

Our PI attorneys in Memphis help show how the clause shouldn’t affect your case. Most of the time, you have no idea you’re signing away your right to a jury. And even if you did know, you sometimes have no other option than to sign the contract anyway. The courts understand this, and they’re often willing to work with you.

If you’ve been injured and are worried about the contract you signed, you should really speak with a personal injury attorney ASAP. Contact our Memphis PI lawyers today to discuss your case for free.


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