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Creeping Mandatory Arbitration: Is It Just?(The Civil Trial: Adaptation and Alternatives)

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eBook details

  • Title: Creeping Mandatory Arbitration: Is It Just?(The Civil Trial: Adaptation and Alternatives)
  • Author : Stanford Law School
  • Release Date : January 01, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 376 KB

Description

INTRODUCTION The emergence of mandatory arbitration over the last two decades has dramatically changed our legal system. With the approval and even encouragement of the Supreme Court, U.S. companies are increasingly using form contracts, envelope stuffers, and Web sites to require their consumers, patients, students, and employees to resolve future disputes through binding arbitration, rather than in court. While arbitration has been used as a dispute resolution technique for thousands of years, in the past it has been agreed to knowingly and voluntarily, typically by two or more businesses. The involuntary imposition of arbitration in lieu of open court procedures is a new and most controversial phenomenon. (1)


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