Arbitration: The "New Litigation"

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Provisions for binding arbitration of disputes are now employed in virtually all kinds of contracts, making arbitration a wide ranging surrogate for civil litigation. This has also subjected arbitration to unprecedented strains and unparalleled criticism. Once promoted as a means of avoiding the contention, cost, and expense of court trial, binding arbitration is now described in similar terms “judicialized,” formal, costly, time-consuming, and subject to hardball advocacy.

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