Federal action, either through existing agencies or by reform of the existing Federal Arbitration Act, could either limit arbitration at the federal level or restore the ability of states to place restrictions on clauses. Companies have been adding mandatory arbitration clauses to consumer contracts for goods and services at an increasing rate. These arbitration clauses divest people of most of their access to the courts and prevent the creation of a public record for the company's possible wrongdoings. Further, these clauses pervert the original intent of arbitration as a way for relatively equal parties to settle their disputes before an impartial arbiter of their own choosing. Most mandatory consumer clauses allow the corporate entity to be the sole chooser and hirer of the arbiters.



