Right now, this is just the convenient bogeyman of the day. The problem is the data to do such a thing simply doesn't exist. Once you get past the policy pos

Right now, this is just the convenient bogeyman of the day. The problem is the data to do such a thing simply doesn't exist. Once you get past the policy positions, it's sparse. I posted some studies from SSRN, etc in my other comment here, but: Most studies that try to objectively evaluate the data (and there are plenty that don't on both sides!) don't come up with obvious "the arbitrators are unfair" or "court is right more of the time" answers. This is why you see the policy folks go after the win rates. It is definitely true that large scale studies agree that the win rate is less in arbitration (There are some smaller scale studies cherry picking data that find otherwise). The large scale studies though don't have enough data to say whether that win rate makes sense or not. I posted the most recent one (not yet published) which tries to understand the variables affecting win rate. Trying to objectively take 1000 cases in court/arbitration and say "what should have happened" has not occurred. Without something like that, it is hard for folks to make a meaningful case that there is a real problem. Despite what the prevailing viewpoint here seems to be, the truth is if someone did that study, in as unbiased a way as possible, it would likely be significantly more convincing to the judiciary than what they see now (trying to convince the populace/politicians is much harder :P) For example, right now if you ask federal judges (no matter what their politics) whether they think all the winning employment legal cases before them deserve to be winning, their answer is a resounding no. If it was a resounding yes, or the data showed the opposite effect in arbitration (IE people were losing cases they shouldn't), you'd have an easier time getting courts to buy that arbitration was actually harming people. But we can't seem to get past the policy positions and "people should always be in court" mentality. It's really quite sad.