The Seventh Amendment to the U.S. Constitution guarantees the right to sue for money damages in court. Because binding arbitration clauses are so prevalent, some fear that Americans are losing access to the civil court system. Binding arbitration is outside this system. If you’ve ever purchased stock, insured your car, taken out a loan, entered into a contract, or bought a home, hidden deep in the mountain of language (that even lawyers don’t bother to read) is verbiage requiring you to forego a lawsuit. Instead, your dispute will be resolved through binding arbitration. Is this good news or bad news? Again, the answer revolves around the identity of the arbitrators. Businesses that use binding arbitration may bring thousands of cases to private arbitration firms. This can produce serious institutional prejudices in favor of those businesses and against the consumer. Unless you are able to select arbitrators who are fair, binding arbitration can be very bad news!