This is especially true of employees. The cost of bringing an employment dispute to court far exceeds the resources of most people, resulting in a complete denial of justice.
Arbitration holds great promise to bring justice to many to whom it is currently denied.
But arbitration will achieve this promise only if it is fair. Unfortunately, many existing employment arbitration systems are not fair. The U.S. General Accounting Office has found that the majority of employment arbitration systems do not comply with the due process standards established by the American Bar Association. The best way to ensure that arbitration is fair is to make it voluntary. Under these circumstances, employers would have to demonstrate that their arbitration system was fair in order to secure employees' participation.