I'm not arguing with you, just clarifying: my example was marrying an equal partner, without marked difference in richness and probably with some property on either side already -- surely you don't agree that even when parties are very amicable they cannot follow a simple plain-word prenup, or that nobody has used arbitration or mediation successfully to resolve minor disputes when they're otherwise trying to cooperate?

I'd be shocked at the latter but, if that is your knowledge then I'll take it. Are you basically saying that nobody has ever used arbitration the way it's written on the tin? (a low-cost way to have a third party mediate in case of minor disagreement?)

why does arbitration even exist in your opinion? (both in theory and practice).

someone's been downvoting me, but I'm just asking open-ended questions. I don't have a strong preconception myself. it's clear that in the rest of this article discussion thread, people are taking "arbitration" to mean "whatever the company wants." is this your experience too? (in such strong terms?)