The Promise of Arbitration: Can it Succeed in Journalism as it has in Other Businesses?
Appalachian Journal of Law, Vol. 6, No. 1 (Winter 2006)
32 Pages Posted: 25 May 2014
Date Written: August 2, 2006
Abstract
Businesses and the courts grant arbitration favored status as a method of dispute resolution. This paper examines whether arbitration could provide similar benefits in the context of journalism. Because journalism is a different kind of business and deals with different kinds of consumers and goods than other businesses, mandatory arbitration may not be quite a perfect fit. But because of the many potential advantages arbitration offers as a forum, particularly in the realm of the kinds of cases that the press most often faces, the press should consider ways in which to get cases out of court and into arbitration, including but not limited to a binding arbitration agreement published in the newspaper or magazine itself.
Keywords: arbitration, journalism, adhesion contract, defamation, libel
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