Critics of arbitration
point out that arbitration requirements can be
unfair to consumers and employees who are unable to
properly negotiate what amounts to a contractual
agreement. The arbitrator(s) may also be
industry experts or regularly employed by a
corporation who is one of the parties to the
proceeding and may not act in the best interests of
both parties. As private matters, arbitrations
do not enjoy the open, public examination of
fairness that legal proceedings provide.
Arbitration is often binding and may not have the
availability of being appealed to a court of law.
It also may not contain provision for review of
questions of law and may not be reversed by a court of
law even for gross procedural errors.
since opinions
issued and findings in arbitration are usually
private, the use of precedent and previous rulings may
not be available to the parties involved.
Critics of
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