Alternative Dispute Resolution
Aug. 25, 2011
Beyond the debate over consumer and employment arbitration
The high court has eliminated key safeguards aimed at ensuring fundamental fairness to consumers and employees in arbitration. By Thomas J. Stipanowich of Pepperdine University
In a recent paper on the resolution of employment disputes, noted arbitrator and scholar Ted St. Antoine argues that "[t]o give maximum scope to individual autonomy, the morally optimal solution is a privately negotiated dispute resolution process whose fairness and effectiveness are subject to the state's oversight and enforcement." The U.S. Supreme Court's recent interpretations of the Federal Arbitration Act (FAA), sh...
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