Posted On: June 23, 2008, 9:00 pm CDT

Posted By: Pete

Why does the industry need the secrecy of arbitration? A trial judge who hears a case non-jury doesn't charge any extra money - your tax dollars already pay his/her salary. The judge's opinions are public and each side has the the right to appeal an adverse ruling. The judge's rulings add to the body of case law on the particular issue involved and perpetuate an important corner stone of American law - stare decisis. Arbitration does the opposite. Finally - every arb organization has a means for aggrieved litigants to "blackball" arbitrators for what they contend are biased opinions. Given that the industry is the only repeating litigant, it sure doesn't seem fair ...