• Corpus ID: 45768803

Creeping Mandatory Arbitration: Is it Just?

@article{Sternlight2007CreepingMA,
  title={Creeping Mandatory Arbitration: Is it Just?},
  author={Jean R. Sternlight},
  journal={Stanford Law Review},
  year={2007},
  volume={57},
  pages={1631-1675}
}
This Article examines the phenomenon of mandatory binding arbitration, imposed on consumers and employees, and considers whether this type of dispute resolution serves or instead undermines justice. It is fairly easy to attack binding arbitration as unfair, for example pointing to the fact that it undermines rights to jury trial and to proceed in class actions. However, this Article seeks to examine the phenomenon of mandatory binding arbitration from a broader perspective, recognizing that it… 
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References

SHOWING 1-10 OF 14 REFERENCES
Mandatory Arbitration: Privatizing Public Rights, Compelling the Unwiling to Arbitrate
In the last twenty years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) of 19251 after suddenly discovering that the statute did more than place arbitration agreements "upon
Democracy and Dispute Resolution: The Problem of Arbitration
I INTRODUCTION Scholars have approached arbitration, especially under the Federal Arbitration Act, (1) from a variety of perspectives, including doctrinal, (2) historical, (3) empirical, (4) and
Making Deals in Court-Connected Mediation: What's Justice Got to Do with It?
When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the
The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?
Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of
The Forms of Justice
emphasizing the importance of judges' role in engaging in public factfinding and imposing regulatory obligations)
  • 1979
Welsh , The Thinning Vision of Self - Determination in CourtConnected Mediation : The Inevitable Price of Institutionalization ? , 6 HARV
  • J . DisP . RESOL .
Making Deals] (arguing that court-connected third-party processes "should and must be judged against the standard of procedural justice"); see also Nancy A. Welsh
  • Disputants' Decision Control in Court-Connected Mediation: A Hollow Promise Without Procedural Justice
  • 2001
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