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Control Over Dispute-System Design And Mandatory Commercial Arbitration, Lisa B. Bingham
Control Over Dispute-System Design And Mandatory Commercial Arbitration, Lisa B. Bingham
Law and Contemporary Problems
This article argues that mandatory arbitration is not itself the problem. The problem is instead that in some instances, one party to the dispute has exclusive control of the design of the dispute-resolution system. Consequently, research on mandatory arbitration should concentrate on who is structuring it, how they structure it, why this is so and how these choices affect dispute outcomes.
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Law and Contemporary Problems
This article critically examines a sampling of arbitration agreements and the rules of the major arbitration service providers and concludes that the cost of arbitration is often prohibitively high, either because consumers simply cannot afford the fees attendant to filing and prosecuting a claim or because the costs of bringing a claim outweigh the benefits of any potential remedies.