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« Arbitration Lesson #9 - The 5 Cole v. Burns factors | Main | Employee reinstated, and then fired again »

Arbitration - Is Justice Served?
November 19, 2006 by Ross Runkel at LawMemo

A Los Angeles Times article asks, "Is Justice Served?" The headline reads:

Hundreds of judges have deserted the bench to enrich themselves in a system of private arbitration. The arena is largely unregulated and tilted, many say, in favor of big business.

This article deals with California, where many judges leave the bench and take up "private judging" in the private sector.

The article's main messages:

  • A judge can make lots more money - and have more enjoyable work - by leaving the bench and becoming an arbitrator.
  • When the best judges leave the bench, it leaves behind lesser judges.
  • Arbitration is done in private, so there is no public record of a case. Nobody knows who won or lost, or why.
  • Big companies make their customers and employees agree to arbitration, by offering an arbitration agreement on a take-it-or-leave-it basis.
  • The arbitration system favors big companies.


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