Look around your house, apartment, or dorm and see if you can find any documents related to your lease, credit cards, renterâ€™s insurance, cell phone plan, or any other standard form contract. You can also check any user guides, instruction booklets, or other documents that came in the box when you bought your computer, tablet, phone, a game system, etc. If you can’t find any of those, check online to see if you can find the terms of service or user agreement for a website or online service you use often, such as Spotify, iTunes, your email provider, etc. You could also look online to find your credit card company or bankâ€™s user agreement.
Once you have found a contract, browse through it and see if you can find anything relating to dispute resolution. You will need to find a contract that has some provisions on dispute resolution in order to complete the assignment. Once you have found one, answer the following questions:
(1) Does the contract contain an arbitration clause? If so, who will be responsible for choosing the arbitrator? Who will pay? Where will it be held? Are there any other details about how the arbitration will be handled?
(2) What other provisions can you find relating to how disputes between you and the company will be handled? For example, does the contract state what law will apply to the dispute or to the interpretation of the contract? Must any lawsuit involving the contract be filed in a particular court?
(3) Why do you think these types of clauses are used in contracts?