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Volume 5: Issue 1
Arbitration or Class Actions: Can the Courts Provide Access to Justice?
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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....