The United States Supreme Court has made its preference for arbitration widely known through continued declarations of its policy to that effect. In KPMG v. Cocchi, the Supreme Court reaffirmed that preference once again. In that case, however, the Court also found a need to issue a reminder to lower courts that its decision in Dean Witter v. Byrd was still the law of the land. One of the most interesting questions arising from this clear reminder to adhere to precedent is why the Supreme Court felt the need to articulate it at all.
Supreme Court Issues Notice to Courts: Bifurcated Proceedings Still Required,
2012 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2012/iss2/8