In Arbitration, a ‘Privatization of the Justice System’

Thanks for posting this story.

Pretty shocking stuff. It’s worth keeping this in mind when tauting the benefits of arbitration vis a vis pursuing an action through the Courts. Though we all recognize that the prospect of going to Court is daunting to most people, and should usually be considered a last option in the context of a dispute, I think we can all agree that at least having the option to bring a case is crucial to our society. Though court costs may be high, and the process is complex, they are nevertheless unbiased (notwithstanding structural criticism).

As we prepare and go forward into the legal world of the 21st Century it is important to embrace change. Arbitration and ADR has a big role to play here. This article, in my opinion, serves as a warning against allowing fundamental legal precepts to be eroded while embracing this change, however. That is, although there is much to be criticized about the way law is currently practiced, we as a profession must not “throw the baby out with the bathwater”.