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Arbitration seems like how courts-martials were in the early days... completely lopsided in favor of the State, except it's corporations now. Either we get rid of arbitration (which I don't think is gonna happen) or there needs to be regulations to bring it under control (whatever that may be, i have no idea myself).

Almost every service I use has, over time, switched me over to require the use of arbitration.




> Almost every service I use has, over time, switched me over to require the use of arbitration.

Many employers (even big-name tech companies) will not employ you unless you agree to forced arbitration for everything, including all labor law violations but for sexual misconduct charges. [0] It's really cool how fine the courts and Congresscritters are with the fact that many of the labor regulations and protections folks literally fought and died for a century ago have been quietly taken away from us.

[0] The carveout for sexual misconduct charges is to serve as defense against Twitter mobs and also to meet the Federal "Well, it doesn't cover literally every aspect of labor law, so it's clearly narrow in scope and targeted, therefor it's not an illegal [restraint]!" interpretation of case law.


Except now, with forum shopping & 5th district courts, companies are getting everything they asked for.

And the activist court will bend over backwards to make new pro-business pro-partisan (imo anti-human) precedent whenever they can. Hardly a symbol of partisan restraint, the Supreme Court has sent words down to the 5th, for example, in pretty bold terms. https://www.reuters.com/legal/musks-x-seeks-steer-lawsuits-c...

They weren't using arbitration before afaik, but ExTwitter for example is trying to court/forum steer to a very favorable North Texas district. https://www.theguardian.com/technology/2024/oct/17/elon-musk...

The days of the courts being balanced & reasonable seems over & it seems like companies have been super able to exploit this shift.


Isn’t arbitration a result of legislation? Why haven’t various Congress of both parties or a mix undone it? Or changed its regulations to make it more fair? I don’t think this is something for the courts to decide as much as legislators personally


It is almost entirely court created. While the concept was originally created via legislation - it was never conceived to ever be used by consumers.

https://arbitrationinformation.org/docs/problems/

At this point it does require legislative action to fix.


do you have your data to support that its outcomes are lopsided?




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