The Best of Times and the Worst of Times: The Current Landscape of Mandatory Arbitration Clause Enforcement in Domestic Arbitration

Authors

Virginia Neisler, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

2019

Abstract

There is nothing new about arbi­tration, a method of alternative dispute resolution designed to settle disputes more efficiently, cheaper, and faster than litigation. Today, mandatory arbitration clauses are ubiquitous in commercial contracts, social media terms and conditions, employment contracts, and more. These contracts, where one party in the weaker position (often a consumer or an employee) must either accept or reject the terms as written with no power to negotiate, are known as contracts of adhesion. The widespread use of arbitration clauses—specifically, pre­dispute, forced arbitration agreements, often including class­action waiv ers found in adhesion contracts—has come under pressure.

Recommended Citation

Virginia Neisler. "The Best of Times and the Worst of Times: The Current Landscape of Mandatory Arbitration Clause Enforcement in Domestic Arbitration." Mich. B.J. 98, no. 2 (2019): 48-9.