4 ms·
I'll never fathom the lawmakers that allow this sort of stuff to be legal. It's like forced arbitration clauses. Yes, they're useful in certain contexts, but
by celticmusic 7y ago
I'll never fathom the lawmakers that allow this sort of stuff to be legal.
It's like forced arbitration clauses. Yes, they're useful in certain contexts, but the second the power dynamic changes between the two entities, forced arbitration should no longer be valid.
- FussyZeus 7y agoI would argue there are no places forced arbitration is useful. It's only even slightly legitimate function seems to be reducing the load on the legal system, which, why? We have a legal system to enforce justice. If it's overloaded, increase the damn budget. This is akin to saying "we will only have firemen on call from 8am to 10pm, for budget constraints." If my house is on fire at midnight, fucking firemen better show up. Pay what's needed and raise taxes if required.
- LorenPechtel 7y agoIt's never a good idea. It's not really a power imbalance that matters, but rather that the powerful will consider an arbiter's past decisions in deciding whether to accept them. Thus an arbiter who wants to keep on being an arbiter will tilt things considerably towards the powerful and an arbiter between two powerful entities will split their decisions about in the middle. Give a union binding arbitration and they can simply double their demands and end up with basically whatever they really asked for in the long run.