I think it would be much better to make these obligatory consumer and employee contracts unenforceable to begin with instead of trying to fix this arbitration issue. They are predatory and exist only to protect the interest of these corporations. Everyday life shouldn't be a legal negotiation.
I would argue they are unenforceable "adhesion" contracts, which are basically non-negotiable contracts where one party has more power over the other, such as rental car, cell phone, and back of the form type contracts. Arbitration clauses are not some giant conspiracy by big business. The courts have been pushing it for years. True, they found a loophole to avoid class action suits, but this could be easily remedied by the legislatures.
