Arbitration Snags And How To Unsnag Them

By Julie Gerchik and Makoa Kawabata (February 26, 2019, 5:16 PM EST) -- The Eighth Circuit famously criticized arbitration over 30 years ago as "an inferior system of justice, structured without due process, rules of evidence, accountability of judgment and rules of law."[1] Nonetheless, the business community often still seeks to make private arbitration the exclusive forum for dispute resolution based on the assumption that arbitration offers the advantages of confidentiality, expediency and predictability, as compared to a jury trial.

As the U.S. Supreme Court noted, "by agreeing to arbitrate a statutory claim, a party ... trades the procedures and opportunity for review of the courtroom for the simplicity, informality, and expedition of arbitration."[2]...

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