4 ms·

You mean arbitration is a good thing. Yes it is. Forced arbitration is taking away the option of going to court.

• Symmetry 8y ago
  No, I do mean forced arbitration. If the arbiter would be fair then the ability to threaten to fall back on the court system could be used as a coercive threat. Provided both sides have input into how the contract is drafted the compulsory nature of the arbitration is good for both, in expectation, though obviously when a dispute is adjudicated against either suddenly they'd have an interest in overturning it. But as I say elsewhere, this doesn't necessarily apply to employer/employee contracts where one side might not even have read the full contract, much less have been able to negotiate its clauses.
  • namarie 8y ago
    > If the arbiter would be fair then the ability to threaten to fall back on the court system could be used as a coercive threat. If the courts are also fair then there's no threat involved. Plus, what to do if the arbiter isn't fair?