The Federalist Society

Arbitration or Class Actions: Can the Courts Provide Access to Justice?

April 8, 2004

Edward C. Anderson

The use of arbitration to resolve civil disputes is sweeping American commerce. Where once arbitration was restricted to highly technical disputes within narrow groups of professionals, today, a growing range of disputes are resolved by the arbitration process, rather than the long slog through the morass of a lawsuit. Federal and state courts have offered broad support to this availability of a route to resolve claims. In hundreds of cases since 1984, they have rejected every attack on arbitration....

Arbitration or Class Actions: Can the Courts Provide Access to Justice?  


The Federalist Society