On the recordApril 14, 2016
I thank the gentleman from Georgia for his leadership, along with Mr. Conyers, and for the introduction of a very important initiative, H.R. 4899. Mr. Speaker, many would think, particularly as we have watched the mediation and arbitration process grow as a newly developed practice amongst lawyers and one that businesses and others have seemed to adopt, that that was, in fact, helping consumers by allowing the concept of arbitration to be able to be utilized, thereby, allegedly, lowering the costs of litigation. In a 2010 survey, 27 percent of employers, covering over 36 million employees--or one-third of the nonunion workforce--reported that they required the forced arbitration of employment disputes. The practice of forced arbitration is widespread and damaging. For example, the ability to obtain key evidence that is necessary to prove one's case is often restricted or eliminated in arbitration proceedings, and it can be nearly impossible to appeal adverse decisions by arbitrators. We know that, in the Bill of Rights in the Constitution, there is a right to a trial by jury, a jury of one's peers. Therefore, it is a sacred right. This new practice had been projected as helping the victim: oh, it will be a low-cost procedure; you will get an immediate decision; you won't have the stress of litigation; you might not even have to hire a lawyer.…
