Originally from Alternatives to the High Cost of Litigation

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The U.S. Supreme Court’s arbitration heavy docket this past term reminds me of the central role arbitration plays in society.Through its five arbitration decisions in the 2021-2022 session concluded in June, the Court fine-tuned this system of arbitration.

I am accustomed to viewing arbitration simply as a way to resolve disputes between parties. But the Court’s continued interest in ensuring a smoothly functioning system of arbitration showcases the alternative dispute resolution process as a critical part of our legal system, as helping to alleviate the burdens of the judiciary, and as involving a partnership with the judiciary.

In this article, I want to share a few observations about the Court’s arbitration decisions from this term.