Courts, arbitral organizations and governmental agencies are increasingly recognizing that mandatory binding arbitration can be used both to disadvantage employees and consumers, and to evade legal requirements. Over the last decade, private parties such as employers, manufacturers and financial organizations began using binding arbitration agreements to skirt the public law, and public juries, with increasing intensity. As so often happens, overreaching may once again be giving way to retrenchment, as the tide seems to be turning away from the “anything goes” approach of the earlier 1990s.
Disp. Resol. Mag., Fall 1998, at 5.
Sternlight, Jean R., "Mandatory Pre-Dispute Arbitration: Steps Need to Be Taken to Prevent Unfairness to Employees and Consumers" (1998). Scholarly Works. Paper 256.