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ARBITRATION OF CONSUMER COMPLAINTS - A CASEBOOK

NCJ Number
49536
Author(s)
ANON
Date Published
1975
Length
12 pages
Annotation
TWENTY-FIVE CASE HISTORIES ARE CITED TO ILLUSTRATE THE IMPORTANCE OF ARBITRATION IN THE RESOLUTION OF CONSUMER COMPLAINTS. THE CASEBOOK WAS PREPARED BY THE NATIONAL CONSUMERS LEAGUE.
Abstract
CONSUMER ARBITRATION IS A PROCEDURE WHEREBY DISPUTES BETWEEN A BUSINESS AND ITS CUSTOMERS ARE SUBMITTED TO AN IMPARTIAL THIRD PARTY FOR RESOLUTION. BETTER BUSINESS BUREAUS, UNIVERSITY LAW SCHOOLS, LOCAL GOVERNMENT CONSUMER PROTECTION AGENCIES, AND THE AMERICAN ARBITRATION ASSOCIATION'S NATIONAL CENTER FOR DISPUTE SETTLEMENT HAVE INITIATED CONSUMER ARBITRATION PROGRAMS. MORE THAN 100 PROGRAMS ARE KNOWN TO BE IN OPERATION. IN ADDITION, THE PRESIDENT'S SPECIAL ASSISTANT FOR CONSUMER AFFAIRS HAS BEEN SUCCESSFUL IN ENCOURAGING SOME INDUSTRYWIDE ASSOCIATIONS TO DEVELOP COMPLAINT HANDLING PROGRAMS WITH ARBITRATION AS A FINAL STEP. THE NATIONAL INSTITUTE FOR CONSUMER JUSTICE GAVE ITS ENDORSEMENT TO ARBITRATION AS A MEANS OF SOLVING CONSUMER PROBLEMS IN 1973 AND SPECIFICALLY MADE THE FOLLOWING RECOMMENDATIONS: THAT ARBITRATION BE CONSIDERED AS ONE MEANS OF NEGOTIATION OR MEDIATION, THAT ALL STATES ADOPT A UNIFORM ARBITRATION ACT, AND THAT CONSIDERATION BE GIVEN TO MAKING ARBITRATION AVAILABLE IN THE ADOPTION OF CONSUMER LEGISLATION. SINCE THE ISSUANCE OF THE INSTITUTE'S REPORT, TWO NATIONAL ORGANIZATIONS HAVE BEEN IN THE FOREFRONT OF THE MOVEMENT TO MAKE ARBITRATION VIABLE (AMERICAN ARBITRATION ASSOCIATION AND COUNCIL OF BETTER BUSINESS BUREAUS). THE PREPARATION OF THE CASEBOOK IS THE NATIONAL CONSUMERS LEAGUE'S FIRST FORMAL ACTIVITY IN THE ARBITRATION FIELD. THE 25 CASES DEAL WITH HOME IMPROVEMENTS, APPLIANCE REPAIRS, AUTOMOBILE REPAIRS, AND SERVICES OTHER THAN HOME REPAIR PERFORMED IN AND AROUND THE HOME. FOR EACH CASE, THE FOLLOWING STANDARD FORMAT OF PRESENTATION IS USED: PARTIES, SERVICE INVOLVED, AMOUNT IN CONTROVERSY, FACTS, DECISION, AND AWARD. IT IS ENVISIONED THAT THE CASEBOOK CAN AID AGENCIES AND GROUPS IN THE ADMINISTRATION OF LOCAL ARBITRATION PROGRAMS. AN APPENDIX LISTS BETTER BUSINESS BUREAUS THAT HAVE CONSUMER ARBITRATION.

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