If you've discovered termite damage in your home, you may be feeling overwhelmed and frustrated. Termite infestations can cause significant financial burdens and emotional distress. Many homeowners are often afraid that their pest control company may not be fully liable for the damage, especially if their contract includes an arbitration clause.
At Cochran Bowers PC, we specialize in representing homeowners in termite damage and termite fraud cases. We have extensive experience dealing with pest control companies and we will fight to get you the compensation you deserve, whether in court or in arbitration.
What is an Arbitration Clause?
An arbitration clause is a provision in a contract that requires disputes between the parties to be resolved through arbitration rather than in court. This means that if you have a dispute with your pest control company, you will not be able to file a lawsuit. Instead, you will need to submit your claim to an arbitrator.
What is Arbitration?
Arbitration is a form of alternative dispute resolution (ADR). Think of it as a private trial. It is less formal than a court trial and the rules of evidence are relaxed or non-existent. An arbitrator is a neutral third party who decides the outcome of the dispute after hearing evidence/information and arguments from both sides. The arbitrator's decision is binding, meaning that it is final and cannot usually be appealed. Indeed, it is virtually impossible to overturn an arbitrator’s award.Â
Arbitration vs. Court Trials:
Here's how arbitration can be advantageous versus pursuing a court trial:
Faster: Arbitration is generally faster than litigation. This is because there are fewer procedural hurdles, and the discovery process is typically less extensive.
Less expensive: Arbitration can be less expensive than litigation. This is because there are lower filing fees and the parties do not have to pay for as much legal representation.
More confidential: Arbitration proceedings are confidential, which means that the public will not have access to the details of the case. This can be beneficial for individuals or businesses that are concerned about reputational harm.
The American Arbitration Association (AAA) and Fairness:Â
Over the years, arbitration clauses have faced criticism for being inherently unfair to consumers. They are often part of "take it or leave it" contracts. Consumers might not realize they're signing away legal rights or may feel they have no choice but to agree with the terms. The American Arbitration Association (AAA) is one of the leading providers of arbitration services in the United States. In response to fairness concerns, the AAA has adopted a set of Consumer Due Process Protocols and Consumer Arbitration Rules. These rules are designed to ensure that arbitration proceedings are fair to consumers. Some of the provisions include:
Notice: Consumers must be given clear and conspicuous notice of the arbitration clause and their rights under it.
Accessibility: Arbitration must be affordable and accessible to consumers.
Awards: The Arbitrator in a consumer dispute must be entitled to grant all relief that could be award in a court of law or in equity.
Contact Us Today!
If you've discovered termite damage on your property, don't let an arbitration clause deter you from seeking compensation. An experienced termite damage attorney can help you navigate the process. We at Cochran Bowers PC are committed to holding pest control companies accountable for their negligence and fraud.
Free Consultation:
We understand that dealing with termite damage can be stressful and time-consuming. That's why we offer a free consultation to discuss your case and your options. Contact us today at 205-460-1155 or 205-790-8882 to schedule your FREE consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific situation.
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