In Deborah Zalesne’s article for the Loyola Law Review, she argues that in mandatory arbitration agreements, consent conditions are usually insufficiently robust given the necessity of employment and the way the terms are presented, among other factors. She proposes that there should be a rebuttable presumption of no consent to such clauses, but that the presumption may be rebutted by evidence of negotiation by parties with roughly equal bargaining power.
July 28, 2020 | Faculty Media>Deborah Zalesne, Faculty Work