Resolving Consumer Disputes- DUE PROCESS PROTOCOL PROTECTS CONSUMER RIGHTS - Dispute Resolution Journal - Vol. 53, No. 3
Thomas J. Stipanowich
Thomas J. Stipanowich, Matthews Professor of Law at the University of Kentucky, is a well-known author on ADR topics and a participant in a wide range of national and international ADR policy-making and reform efforts. Among other things, he is director of the CPR Institute’s National Commission on the Future of Arbitration, academic adviser to the NCCUSL Drafting Committee for Revision of the Uniform Arbitration Act, and chair of the Arbitration Committee of the ABA Section on Dispute Resolution. As academic reporter for the National Consumer Disputes Advisory Committee, he was a principal drafter of the Consumer Due Process Protocol.
The aim of the Consumer Due Process Protocol is to establish an authoritative standard for the broad range of ADR agreements in consumer contracts. A principal drafter of the protocol, the author explains the reasons behind establishing the protocol and outlines the objectives contained within it. He also looks beyond the protocol to the future of private consumer ADR and the questions that remain unanswered.
Have you taken a hard look at that brokerage agreement you signed last year, that little booklet entitled “Account Rules and Regulations” that the bank enclosed with your statement, the warranty on the shrinkwrapped computer that you purchased for your home, or the fine print in the arrangement with your HMO? In addition to the usual boilerplate regarding