Not exactly. Most plaintiffs attorneys are working on contingency, i.e. a percent of the judgment. Going to court costs the plaintiffs themselves nothing. They only need to have a case with a decent enough chance of winning or settling for enough to make it worth the plaintiff attorney’s time.

Also, almost no one has in house litigators. So companies being sued also have to shell out for counsel by the hour.

>Most plaintiffs attorneys are working on contingency.

I very much doubt that. The vast majority of disputes that would end up in arbitration are smaller contract disputes, not personal injury claims.

>Also, almost no one has in house litigators.

They have counsel on retainer, and some companies still do. All big companies would if forcing customers and employees to accept arbitration wasn't an option.