Rightly or wrongly, Arbitration has been touted as a cure all for the business community over the years. As part of the arbitration push, the business community has been urged to add clauses into contracts mandating the arbitration of all or specific disputes. Having taken the trouble to add arbitration clauses into their contracts, it is troubling to see the provisions ignored by businesses either overly eager to get their dispute before a court or overly eager to respond to a complaint filed against it. By inadequately considering options either prior to racing to the courthouse or prior to responding to a filed complaint, many businesses inadvertently waive the arbitration rights they worked hard to add to their contracts. This article is designed to educate the business public about this issue and assist in the preservation of arbitration clauses.
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