Here’s another comment, this one by Cliff Palefsky, a San Francisco lawyer with a substantial arbitration practice.

Regulation is the price you pay for the elimination of true consent.  As the National Academy [of Arbitrators] said, “without volunariness, arbitration lacks moral and legal justification.”  Statistics in the end are meaningless.  Anyone who truly loves the concept of ADR must speak out for true volunatriness. 

 

Everything else is a rationalization attempting to justify an oppressive and discredited practice.