Arbitration costs and form accessibility: Empirical evidence
CR Drahozal - U. Mich. JL Reform, 2007 - HeinOnline
U. Mich. JL Reform, 2007•HeinOnline
… In addition, however, the parties may add to or change those standard terms in their
contracts—subject to possible constraints imposed by the due process protocols of arbitration
providers/'* This section examines empirical evidence on the terms governing costs in consumer,
employment, and franchise arbitration agreements. … If the potential recovery is enough lower
in arbitration, claimants may be less likely to pursue a claim in arbitration than in litigation
even if the costs are lower as well. Thus, the discussion of arbitration costs in the previous …
contracts—subject to possible constraints imposed by the due process protocols of arbitration
providers/'* This section examines empirical evidence on the terms governing costs in consumer,
employment, and franchise arbitration agreements. … If the potential recovery is enough lower
in arbitration, claimants may be less likely to pursue a claim in arbitration than in litigation
even if the costs are lower as well. Thus, the discussion of arbitration costs in the previous …
So which is it? Is arbitration cheaper than litigation, or more expensive? Does arbitration enhance access to justice for consumers
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