• Corpus ID: 45768803

Creeping Mandatory Arbitration: Is it Just?

  title={Creeping Mandatory Arbitration: Is it Just?},
  author={Jean R. Sternlight},
  journal={Stanford Law Review},
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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  • A. Levinson
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  • 2013
This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration
"Is a mandatory binding arbitration clause in a prefixed contract consistent with the prerequisite of voluntarily agreement? Matters of validity and award's recognition and enforcement under the N.Y. Convention."
This dissertation was written as part of the LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic University. The cornerstone of
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A series of changes within civil procedure over the past few decades — including heightened pleading standards, barriers to class action, and the rise of private arbitration — may diminish the
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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
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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
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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
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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