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Mandatory Arbitration: Where It Has Gone and Where It Has To Go

NCJ Number
Forum Issue: 28 Dated: (Summer 1995) Pages: 28-34
D A Lipton
Date Published
7 pages
This article explores the extent to which advisory guidelines should be developed to structure the use of mandatory arbitration.
While the expansion of the use of alternative dispute resolution has made arbitration available to more segments of society, mandatory arbitration has been problematic for some people forced to have their disputes resolved in this type of forum. While the growth of arbitration has its roots in the fields of securities and labor laws, it has also emerged from antidiscrimination, antitrust, and international law. The change in judicial attitude toward the use of arbitration has been dramatic, leading to the use of arbitration in 6,300 cases in 1993, compared to 830 cases in 1980. While the expanded use of arbitration is generally viewed as a positive development, dissatisfaction associated with mandatory arbitration stems from concerns about impartiality, the more limited nature of discovery, and the decline in the development of legal precedent. This article recommends ways of refining the arbitration process itself, as well as the mandatory nature of arbitration.


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