The Case for Enforcing Adhesive Arbitration Agreements—with Particular Consideration of Class Actions and Arbitration Fees By Stephen J. Ware
I. THE BASIC ANALYSIS OF ADHESIVE ARBITRATION AGREEMENTS A. Reducing Costs and Passing on the Savings Few doubt that enforcement of adhesive arbitration agreements benefits the businesses that use such agreements. This consensus is unsurprising; if businesses using these agreements did not benefit from them, why would they continue to use them? The consensus view is that businesses using adhesive arbitration agreements do so because those businesses generally find that those agreements lower their disputeresolution costs.