> If the public service of justice is slow and expensive
Is small claims court slow and expensive? Not to my knowledge.
Is small claims court slow and expensive? Not to my knowledge.
The ease of which you can go to court can motivate parties to use it as a strategic threat even if they feel they don't have a particularly strong case, and the openness of the court system can make that small chance of success a strong threat against a public person or company.
So arbitration, by definition, can find a mutually acceptable solution with a zero sum, as opposed to the negative sum of a legal war. Society stands to gain if arbitration works - but not in cases such as these, were forced arbitration is employed as a stopgap against any and all claims.
<comment class='devils-advocate'/>
I have seen data to suggest that arbitrators rule often in the favor of the companies, but that could be a result of more people raising bullshit claims since it's significantly easier to do so.
Maybe the other arbitrators went out of business because they ruled on the consumer side.
See: survivorship bias.