Your perfect world is captured by current employment contracts. Both sides agree to arbitration and then both sides stick by that agreement.
I know this is the case and I believe it is generally the way it should be (ecxept of course the fact that the agreements can be entered into prior to the disputes). I was responding to the devil’s post by basically pointing what you wrote here.
> Your perfect world is captured by current employment contracts. Both sides agree to arbitration and then both sides stick by that agreement.
I’m not sure what point you’re making here. I think that agreements by parties to restrict themselves to arbitration regarding disputes that have not yet arisen should be legally unenforceable. I think it would improve the arbitration system in every way. (This was essentially the argument of my first post.) Are you disagreeing with me?
Unless because of career specialization, location, imperfect markets...whatever, you only have access to employers who insist on arbitration as part of the terms of employment.
One side agreed to it, and one side was coerced into agreeing to it.