Much of corporate America forces mandatory arbitration on its customers in what amounts to a stacked-deck proposition against consumers. For example, this practice allows Bank of America to win 99.9% of the time with the arbitrators they choose. So it's almost statistically impossible for a consumer filing a complaint to get a fair hearing.

There are, of course, other more equitable options. Arizona is a leader in alternative dispute resolution. Such voluntary solutions allow people to try to work out their problems with companies first -- with the understanding that going to court is a possibility if necessary.

Dell Computers recently lost a court battle in New Mexico because they were disallowing class-action status under their mandatory arbitration rules. Other states have also struck down so-called "kangaroo court" clauses that ban class-action suits.

Clark has no bias in favor of litigation. He himself is open to being sued every time he steps up to the microphone. He does have an umbrella liability insurance policy to protect his assets, but the insurer refuses to cover his work as a media personality.

The bottom line is this: Mandatory arbitration has been not been adopted by corporate America to avoid the risk of court. Rather, the aim is to prevent consumers from having a fair shake in the event of wrongdoing.