Businesses tend to like the arrangement because it reduces their exposure to potential lawsuits. Trial lawyers object to the fact that arbitrators have the final ruling - and not, they say, simply because it cuts off their customers. Arbitration interferes with the right to trial by jury, say its opponents, and people are being misled or forced into the agreements. The two sides have lined up along partisan lines to try to elect judges more favorable to their points of view. The problem is not arbitration itself, Ford said.
Arbitration also can be expensive.
The expense can keep wronged consumers from bringing any action, say Ford and others. In some cases, arbitration is being used as a kangaroo court for businesses to abuse and use consumers. He added, however, that some GOP candidates support the CAA-endorsed view that arbitration clauses should be enforced only when informed consumers sign the documents willingly. For instance, the group almost issued a co-endorsement of Moore and Yates, but backed away from Moore after he accepted campaign money from the Automobile Dealers Association of Alabama, Ford said. Tom Dart, president of the auto dealers group, said anti-arbitration forces are trying to frighten people.