Originally from Alternatives to the High Cost of Litigation

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Over the past 30 years, corporations and businesses have been strong proponents of binding, mandatory arbitration as an alternative to litigation, particularly in their contracts with individual consumers and employees.

The arguments in favor of arbitration are well known. It is supposed to be a faster, cheaper and more informal alternative to the drawn-out and rigid structures of litigation.

According to many arbitration proponents, the litigation process is too expensive, too cumbersome, and subject to unpredictable and variable jury awards. Arbitration gives rise to greater certainty and predictability, outcomes that businesses value highly.