033075P.pdf   05/21/2004  Steve Faber  v.  Menard Inc.
   U.S. Court of Appeals Case No:  03-3075
   Northern District of Iowa   
   Civil case - Arbitration. Fee-splitting provision in arbitration agreement 
   does not, by itself, make the arbitration agreement unconscionable; rather, 
   the court must make a case-by-case review to determine whether the fees 
   are cost-prohibitive and preclude the vindication of statutory rights in an 
   arbitral forum; here, there was insufficient evidence to determine whether 
   the costs of arbitration would prevent access to the forum and preclude 
   plaintiff from vindicating his rights; if on remand, the court find the 
   requirement that plaintiff pay half the arbitrator' fees would prevent 
   access, it should sever that clause and then enter an order compelling 
   arbitration; arbitrator should determine whether plaintiff has in fact 
   waived his statutory right to recover attorneys' fees or whether an 
   appropriate remedy may still include them. 
   [PUBLISHED] [Wollman, Author]