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?
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.