2 ms·
Forced arbitration has always felt grossly unfair, but for the sake of argument, I'll consider the contrapositive. A company that is in a highly litigious indus
by Simulacra 6y ago
Forced arbitration has always felt grossly unfair, but for the sake of argument, I'll consider the contrapositive. A company that is in a highly litigious industry may feel that lawsuits would eat up valuable time and resources, and that those lawsuits are not always filed in good faith. Perhaps the industry or subject matter is complex, and not easily understood by juries, courts, etc. From a business perspective forced arbitration makes perfect sense: It limits exposure, limits judgement amounts, and perhaps is more predictable than trials.
All that sounds good from the business perspective, but my problem has always been that the outcomes seem tilted grossly in favor of the company. Like Human Resources, it's there for the company, not the employee/consumer, and its the companies that have to pay for the arbitration. Banning them does not seem like a long term solution, although I support it, so I'm curious what alternatives may exist that could accomplish both.