Arbitration Faces Challenges On Two Fronts

These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to make the most of its role as a valuable choice-based alternative to court adjudication for business disputes. Second, arbitration must be perceived and embraced as a fair method for resolving consumer and employment disputes.

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