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Bound & Gagged How will the battle over mandatory binding arbitration affect you?

By Chris Penttila

Opinions expressed by Entrepreneur contributors are their own.

You're taking legal action against a large company. Butinstead of a jury trial, you're facing an arbitrator.

It's a growing trend, as credit card companies, banks, automanufacturers and other big businesses inform customers in fineprint that any claim, dispute or controversy will be settled inarbitration, where there's no jury and no right to appeal. Theresult: Just 3 percent of U.S. civil cases now make it to trial."A trial is very expensive," says Judge William Huss, amediator and arbitrator in Los Angeles and author of Start Your Own Law Practice. Arbitration, he contends,"is fast, fair and final."

Consumer advocates dispute its fairness, however, sincearbitration clauses prohibit class action lawsuits, limit complaintperiods and include filing fees. Plaintiffs pay at least $750 justto get a case started, according to Public Citizen, a nationalpublic interest organization based in Washington, DC.

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