In a suit in U.S. District Court in Ohio, a company buried its mandatory arbitration provision in an employee handbook.

FORBES: Better safe than sorry

The arbitration provision found in the Zappos.com Terms of Use purportedly binds all users of the website by virtue of their browsing.

FORBES: How Zappos' User Agreement Failed In Court and Left Zappos Legally Naked

This fiasco got its start last year, when Schwab inserted in its standard customer arbitration agreement a provision that any investor who opens an account with Schwab is giving up his right to bring a class action against Schwab.

FORBES: Small Investors Smacked Down, One More Time, in Schwab Ruling

In Oxford, the judges must decide whether an arbitrator was out of line by allowing a class action to proceed on behalf of some 20, 000 doctors even though there was no provision for class actions in the arbitration agreement between doctors and Oxford.

FORBES: Supreme Court Shows Skepticism About Class Arbitration

Kaplinsky urges his clients to include other features including an opt-out provision that allows consumers to simply avoid the arbitration clause altogether.

FORBES: Has Scalia Killed The Class Action?