Arbitration Empirical Studies

So much has been said lately about the “evils” of arbitration, but so little attention has been given to studies regarding arbitration. In this article, from the Vol. 18, No. 1 of the Alternative Resolutions newsletter, John Allen Chalk, Sr. summarizes recent studies on the subject of arbitration, including studies on arbitration participants, attorney surveys, employment arbitration, and consumer arbitration. The article concludes that the findings do not support the current criticisms of the arbitration process.

Similarly, this ABA Journal post, this Wall Street Journal post, and this National Arbitration Forum Blog post comment on an arbitration study by the Northwestern Law School. The study concluded that consumers won more than half of the arbitrations. The full report is here.

Interestingly, some critics have questioned the forum partiality and methodology of these studies. For example, the Northwestern School of Law study refers to only one arbitration firm.

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