Forced Arbitration: How Bad Business Avoids Accountability — And Makes Millions — at the Expense of the Public & Fair Business
By: Vess A. Miller, Attorney
The right of every person to an open and public jury trial of his or her civil case is so fundamental to the American system that the Founders made it the Seventh Amendment to the Bill of Rights of the United States Constitution. But, today, Bad Business is using forced arbitration to make it so that no case can be brought in open court—a practice even the most business-friendly organizations, like the Wall Street Journal, now have to admit is unfair.
Ouch! Yeah, that title hurts. But, we have all been there. As we all know, jury trials just are not as common as they used to be, and it is not unusual for an experienced litigation associate to not have a jury trial under his or her belt.
What happens when that day has finally arrived? A partner or senior associate needs your help for an upcoming trial, and approaches you to help. What now? Your first jury trial is staring you in the face? What can you do to help make the trial less nerve wracking?