The Laissez-Faire Arbitration Market and the Need for a Uniform Federal Standard Governing Employment and Consumer Arbitration

This paper critically examines the unregulated nature of the arbitration industry in the United States, highlighting the risks and inefficiencies arising from a fragmented legal framework. It argues that the laissez-faire approach to arbitration allows for significant disparities in standards and procedural protections, potentially undermining justice for consumers and employees. Through analysis of current practices and legal precedents, the paper advocates for the establishment of a uniform federal standard to regulate arbitration clauses and proceedings. Such a standard would aim to protect vulnerable parties, enhance fairness, and ensure consistency across jurisdictions, ultimately restoring trust in arbitration as a viable alternative to litigation. The article proposes amending the FAA to include an arbitration bill of rights.