Am I bound by an arbitration clause included in a preprinted contract, such as for a new car or for health insurance coverage?

Usually, you are going to be bound by an arbitration clause, even if the agreement or the clause itself wasn't expressly negotiated. Arbitration clauses have become very common and courts, on the whole, will tend to enforce an arbitration clause except in rare cases.

Understanding The Arbitration Clause

An arbitration clause mandates that you submit a dispute to an arbitrator, instead of to the courts. When you buy a new car, health insurance or any other product that you have to sign a contract to buy, there is a good chance it has an arbitration clause in it. This is the case because companies believe arbitration can protect them from large jury verdicts and that it often results in lower legal fees. 

If a dispute does arise when you've signed an arbitration clause, it will then have to be submitted to a third party arbitrator who will make a decision that is binding on you and the other party. If you attempted to file a lawsuit based on the issue, then the other party would point to the arbitration clause and the court would usually require the dispute be arbitrated and would refuse to hear the case.

The only exception occurs when the terms are "unconscionable" and the contract was an "adhesion" contract. This means that the contract must have been one you had no opportunity to negotiate, and that the actual terms and requirements of the contract and arbitration are grossly biased and unfair. It will generally be your burden to prove these points if you want the court to decide not to enforce an arbitration clause that you've signed. 

Getting Help

Before signing an arbitration clause, or if a dispute arises under one, it is in your best interests to consult with a lawyer for guidance and advice on how to proceed in order to best protect your legal rights.