‘Where Have All the Claims Gone?’

Cynthia Estlund, The Black Hole of Mandatory Arbitration, 96 North Carolina Law Review 679 (2018). Much has been written about employers’ mandates that their employees arbitrate claims on an individual basis. Empirical studies have examined employee success rates in arbitration, comparing them to employee success rates in litigation, and the effects of the employer being the only repeat player in the process. Scholars have also examined the evolving abdication by courts of their role in policing arbitration mandates. Cynthia Estlund’s article examines a more basic question: when employers impose arbitration mandates on their employees, do employee claims even get brought? Her answer is a resounding ‘rarely’, and much more rarely than when the claims can be brought in court … (more)

[Martin H Malin, JOTWELL, 18 October]

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