1. EPI is a lobbying org, so this is not exactly unbiased. The paper this comes from is a policy paper about the "arbitration epidemic". 2. It makes the weird

1. EPI is a lobbying org, so this is not exactly unbiased. The paper this comes from is a policy paper about the "arbitration epidemic". 2. It makes the weird underlying assumption that the people in court should be winning as much as they do. The fact that a difference in numbers exists is interesting but doesn't tell you whether it is fair or not. So i guess i would ask. Imagine someone does a completely objective analysis of the gap and determines federal courts are in fact, the problem, and people are winning meritless lawsuits in court but not arbitration. Would you be supportive of doing something about that? 3. Here is a more academic paper for you: https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1586&context=articles https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?a... This is in fact, the original source for the 21.4% number EPI quotes. EPI conveniently (in their own policy paper) leaves out the paragraph starting with : "This employee win rate is substantially lower than that found in previous employment arbitration studies, which tended to use selective samples. It is also lower than employee win rates in litigation. However, it should be noted that we may be comparing apples and oranges here in that the characteristics of cases in arbitration may differ systematically from those in litigation. .... The task for future research is then to analyze what factors may explain this gap and whether or not it is problematic from a public policy perspective " EPI does not do that. Here's a more recent analysis: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238460 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238460 An interesting note: "In fact, in a variety of settings, no variable affects win rates as dramatically as whether a plaintiff hires attorneys with arbitration experience." It is entirely possible the difference in win rates is due to the fact that in court employees are using experienced employment lawyers and in arbitration they are not using lawyers experienced in arbitration (meanwhile, the corporations do because they are sued so often). Or because more of the claims are meritless in federal court or a ton of completely fine things.