Absent written opinions, arbitration outcomes remain unpredictable in novel cases.

Evidence

When arbitrators opt to decide complex or novel cases, however, it is difficult for the parties to predict the rule of decision and/or the damage measure that arbitrators will apply. Since arbitrators neither make findings of fact nor render written opinions announcing their decisions, past decisions are a poor predictor of future outcomes. — Lisa Bernestein, Opting out of the Legal System, 263

Categorization

• XREF: Connects to broader critiques of private dispute resolution as lacking common-law-style precedent, e.g. concerns about arbitration eroding public law development. — connects to: Arbitrators familiar with industry custom resolve disputes more predictably than judges — Lisa Bernestein, Opting out of the Legal System, 236; Private arbitration outcomes affect market behavior even without published precedent — Lisa Bernestein, Opting out of the Legal System, 248; Stated precedent rules often fail to determine later case outcomes — Burton, Steven J, An Introduction to Law and Legal…, 216 (+3 more)

Related

• Unwritten arbitration decisions make outcomes unpredictable in novel cases. (similarity 0.94)
• Arbitrators familiar with industry custom resolve disputes more predictably than judges (similarity 0.79)

Broader Connections

• Stated precedent rules often fail to determine later case outcomes #corroborates (0.85) — Burton, Steven J, An Introduction to Law and Legal…, 216
• Private arbitration systems resolve disputes without public accountability. #complicates (0.75)
• Legal coercion lacks a satisfactory account even in clear cases #qualifies (0.72) — Ronald M. Dworkin, The Model of Rules, 10