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We require arbitration by our employees. Can we also require our customers to arbitrate?
Yes, but be careful. Courts almost always uphold agreements to arbitrate entered into after a dispute arises. Agreements to arbitrate entered into beforehand may receive more scrutiny - particularly in consumer contracts. Although the Supreme Court has consistently upheld pre-dispute consumer arbitration clauses, not every such clause works. Some courts won't uphold such clauses if they require one party to arbitrate, but let the other choose between suing and arbitrating, for example. If your customers are large and sophisticated, you have great flexibility. If they are consumers with smaller claims, consider the Consumer Due Process Protocol from the American Arbitration Association.
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