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Re:A new weapon in arbitration: sheer volume by avs733 on Monday April 06, 2020 @11:06PM (#22800014)
The arbitration vendors (and lets be clear...they are vendors not a system of justice) could and probably should write this into their rules.

They rely on the appearance of fairness to enable corporations to use their services against consumers/employees. If they aren't careful there is a risk of the courts increasingly observing how tipped the scales of arbitration are.

The jurisprudence, to the limited extent I understand it, relies on the assertion that arbitration is fair. Upholding that believe is in the arbitrators interest.

Re:A new weapon in arbitration: sheer volume by e8u3h3jeue on Tuesday April 07, 2020 @12:17AM (#22800309)
>(and lets be clear...they are vendors not a system of justice)

This is misleading, neither America nor any other country has a justice system. Justice is often a goal of the legal system but it is not a direct attribute of the system.

Re:A new weapon in arbitration: sheer volume by distances on Tuesday April 07, 2020 @01:52AM (#22800646)
Most of Europe, at least, isn't bound to the letter of the law, but rather the spirit of it. I'd assume this makes them much more a justice system than the American version.
Re:A new weapon in arbitration: sheer volume by whatshisface on Tuesday April 07, 2020 @09:31AM (#22803013)
To be fair, the "justice system" is a commonly accepted name for the legal system, in the same way that you would call it the "Department of Defense" or the "Department for Health and Social Care."
Re:A new weapon in arbitration: sheer volume by bjelkeman-again on Tuesday April 07, 2020 @01:48AM (#22800625)
How would you design a Justice system then?
Re:A new weapon in arbitration: sheer volume by avs733 on Tuesday April 07, 2020 @09:26AM (#22802978)
that is an absolutely fair critique of my word choice. Totally agree, and I'm usually the person making that comment.