Originally from Dispute Resolution Journal

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Despite the strong support that arbitration receives from both legislative and judicial bodies, when it comes to mandatory arbitration, the
process is, according to Orenstein, "under siege." This article looks at the main contexts in which mandatory arbitration is appliedÑnamely,
commercial, labor-management, business, and most controversially, it seems, employmentÑand shows the reasons for this attack and the
solutions that are being offered.

The reasons for arbitration (whether voluntary or mandatory) as an exclusive means for resolving disputes are laudable, so the process should not come under assault if the procedure is fair, and is based on established notions of procedural and substantive due process. As stated by Justice Kennard of the California Supreme Court in her concurring opinion in Engalla v. Permanente Medical Group, Inc.:1