Is the Arbitration Agreement Unconscionable?
Brooks also argues the arbitration agreement is unenforceable because it is substantively and procedurally unconscionable. As we noted, Brooks has the burden to prove her defenses to arbitration. See In re FirstMerit, 52 S.W.3d at 756. Substantive unconscionability refers to the fairness of the arbitration provision itself, and procedural unconscionability refers to the circumstances surrounding adoption of the arbitration provision. In re Palm Harbor Homes, 195 S.W.3d at 677. There is nothing inherently unconscionable about arbitration agreements. In re AdvancePCS, 172 S.W.3d at 608.
