4 ms·
The biggest negative of arbitration isn't that individuals lose, though they do. It's that class action lawsuits are undermined. It used to be that a legal fi
by lsiebert 8y ago
The biggest negative of arbitration isn't that individuals lose, though they do. It's that class action lawsuits are undermined. It used to be that a legal firm could find a group of people harmed by a company, create a class action lawsuit, and make money if they won/settled that one case. Often class action settlements had requirements that bound the company.
But each arbitration is it's own case with it's own particulars. If a company screws over thousands of people, taking each of those to arbitration means that's thousands of hours more work then a single class action. Further, settlements are generally restricted to the specific issues a particular party has issue with, and there is generally no way to guarantee changes for the benefit of similar parties.
There are only two ways to counter unequal power in deciding contract terms that mandate arbitration, regulation or concerted action. But not a class action.
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