Re:Tesla scores Autopilot victory as judge rules owners must...
by eadler on Tuesday October 03, 2023 @11:01AM
(#37752850)
Mandatory arbitration is deeply problematic but that isn't the problem.
Some better sources :
Katherine V.W. Stone & Alexander J.S. Colvin. (2015). The arbitration epidemic: Mandatory arbitration deprives workers and consumers of their rights (Briefing Paper 414). Economic Policy Institute. https://www.epi.org/publication/the-arbitration-epidemic/
Sternlight, J. R. (2005). Creeping Mandatory Arbitration: Is It Just? Scholarly Works, 57(280), 1631–1676.
- arbitration tends to award lower judgements than the courts
- it's harder to find a lawyer as a result (contingency is riskier)
- arbitors are not required to follow the law. There is almost no meaningful appeal even for substantive mistakes.
- arbitration is more informal and thus less procedural protection
- arbitration combined with class action waivers mean that each individually aggrieved person must sign up.
There are many other problems and sources but that's a decent start.
Some better sources :
Katherine V.W. Stone & Alexander J.S. Colvin. (2015). The arbitration epidemic: Mandatory arbitration deprives workers and consumers of their rights (Briefing Paper 414). Economic Policy Institute. https://www.epi.org/publication/the-arbitration-epidemic/
Sternlight, J. R. (2005). Creeping Mandatory Arbitration: Is It Just? Scholarly Works, 57(280), 1631–1676.
- arbitration tends to award lower judgements than the courts
- it's harder to find a lawyer as a result (contingency is riskier)
- arbitors are not required to follow the law. There is almost no meaningful appeal even for substantive mistakes.
- arbitration is more informal and thus less procedural protection
- arbitration combined with class action waivers mean that each individually aggrieved person must sign up.
There are many other problems and sources but that's a decent start.