Document Type


Publication Date

Fall 1998


This edition of Dispute Resolution Magazine explores several aspects of the problem. It begins with a debate between Jean Sternlight and Theodore 0. Rogers over the propriety of mandatory predispute arbitration processes in the consumer and employment contexts, followed by a proposal by Terry Trantina for a "constructive compromise" regarding the general validity of arbitration agreements in contracts of adhesion.

This trio of essays is followed by articles on two major arbitration reform efforts. The first, by Thomas J. Stipanowich and J. Clark Kelso, discusses the rise of protocols and other industry standards intended to bring fairness to the arbitratica process, and focuses in particular on the American Arbitration Association's recently released Consumer Due Process Protocol, which is reprinted in full. Dean Timothy J. Heinsz also provides an update on the revision of the 50-year old Uniform Arbitration Act. Both efforts call for greater assurances of fairness in the arbitration process, despite sacrifices in simplicity.



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