Strengthening Arbitration by Facing its Challenges

Abstract

The purpose of arbitration is to provide quick, efficient, and inexpensive resolution of disputes. Research shows the purpose is often achieved, but nothing is perfect. Litigation surrounding arbitration has continued. From 2005-2007, more than five hundred new judicial opinions on mandatory arbitration provisions have been published. Such challenges reduce the time, cost, and efficiency savings expected in arbitration. This article argues that the challenges will not disappear by ignoring them. In order for arbitration to maintain its vitality, the problems with arbitration must be addressed. It is possible to make arbitration better by looking at its strengths and weaknesses. The key idea behind this article is to strengthen arbitration by discussing, not solving, its challenges.

Keywords: Arbitration, contract, alternative dispute resolution, ADR, arbitration agreement, unconscionability, common law rights