Trial Lawyers Are the Only Winners From Arbitration Restrictions
Our courts have been making headlines for all the wrong reasons. Those on the Right wonder how an elected judge who donated to President Biden could possibly fairly rule in a trial involving former President and current candidate Trump. Those on the Left worry whether Republican-appointed Supreme Court justices can rule on hot-button topics dispassionately.
Unfortunately, little-discussed legislation is making its way through Congress that could insert elected and appointed judges into more arenas, by forcing more employment-based litigation into the courts, rather than being solved through arbitration. Outlawing arbitration may mean more fireworks and high-profile cases in our already bogged down courts, and sadly, it could also mean less justice for the deserving.
Almost a century ago, the Federal Arbitration Act introduced an alternative dispute resolution system as an option to avoid expensive, slow-moving federal courts. Any claim or remedy that could be pursued in a courtroom can be pursued in arbitration, and arbitration providers are........
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