Common Ground in the Arbitration Debate

Abstract

This paper offers a comprehensive look at the state of empirical research in the field of arbitration. Its release coincides with the reintroduction of the Arbitration Fairness Act, which would constitute the most significant reform of arbitration law in the United States since the FAA's enactment. Moving beyond typical the typical punch/counterpunch that has characterized much of the policy debate in this area, this paper identifies areas of common ground on which arbitration's proponents and opponents can agree. It then consider an issue-by-issue critique of arbitration and responds in detail to several of the recent attacks on the field. The paper closes by charting out a research agenda on arbitration and urges Congress to act cautiously before deciding whether to reform this important method of dispute resolution.