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Noteworthy, too, the Searle Civil Justice Institute points out that "more than 10 years ago, the AAA convened a group of officials from government, nonprofits, the bar and consumer organizations to develop the due process protocols"; and, that the "AAA refused to administer a number of consumer cases in 2007 (likely 9.4 percent of AAA's total consumer caseload) because of protocol violations by businesses".

This data and other study findings are persuasive evidence that the 'so-called' Arbitration Fairness Act is a misnomer, and not needed in consumer disputes

Similarly, arbitration in the workplace offers a fair hearing to employees.

Research indicates that more employees are able to gain access to justice through arbitration than through litigation, and that -- provided they have a qualified arbitration provider -- they are more likely to win their cases in arbitration. Another study conducted by the National Workrights Institute found that employees were almost 20 percent more likely to win cases in arbitration than those litigated in court.

To reiterate, no system is perfect. However, current law already contains clear protections against unfair arbitration clauses, and courts have struck down numerous arbitration clauses on that basis. The leading arbitration providers have adopted policies designed to provide consumers and employees with due process and fair arbitration procedures.

Fair minded Americans can only conclude that the 'so-called' Arbitration Fairness Act is yet another example of the U.S. Congress - in response to powerful special interest group supporters - attempting to "fix" a system that isn't broken; and, in the process, willfully dumping tens of thousands of cases into our court system and discouraging consumers with small claims from seeking redress.

Arbitration has proven to be cheaper, faster - and based on the national Harris survey - a fairer means of dispute resolution for individuals. To do away with it now, would leave many consumers and businesses out in the cold.

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Richard Olivastro is a professional member of the National Speakers Association, president of Olivastro Communications - an executive leadership development company - and founder of Citizens For Change.

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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