Overall, How Did Respondents in the St. John’s Arbitration Study Do?

by Jeff Sovern

As to the eight questions that had right or wrong answers:

  • Only two respondents answered all eight questions correctly out of 663 who answered all eight questions.
  • 117 did not answer any of the questions correctly.
  • That’s more than answered at least half the questions right.
  • If this had been a test with a passing grade of 65%, 96% of the respondents would have failed.
  • Not one of the eight questions elicited a majority of correct answers
  • On one, a majority of the respondents gave wrong answers 
  • More respondents gave correct answers than incorrect answers on only two of the questions
  • On four of the questions more respondents gave wrong answers than right, sometimes by margins of three or four to one.

It's hard to argue that the respondents understood the arbitration clause in the face of that.

The entire article can be found at 'Whimsy Little Contracts' with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements.


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