Abstract
The Arbitration Fairness Act is a well-intended but ultimately misguided attempt to address a system of dispute resolution that has largely worked well. The bill currently being considered by Congress rests on a series of flawed empirical premises. This article addresses three. First, though the bill posits that arbitration leaves consumers and employees worse off, data demonstrate individuals overall are often better off under a system with enforceable predispute arbitration agreements than a system without them. Second, although the bill promises improved access to justice, the proposal actually erects more impediments. Third, though the bill suggests that postdispute arbitration will provide a continued outlet for this system of dispute resolution, it fails to recognize the significant structural impediments to a successful system of postdispute arbitration. First, it now appears to be common ground
Repository Citation
Peter B. Rutledge,
The Case Against the Arbitration Fairness Act
, 16 Disp. Resol. Mag. 13
(2009),
Available at: https://digitalcommons.law.uga.edu/fac_artchop/1260