Unwritten arbitration decisions make outcomes unpredictable in novel cases.
Evidence
Since arbitrators neither make findings of fact nor render written opinions announcing their decisions, past decisions are a poor predictor of future outcomes. As a consequence of both parties’ — Lisa Bernestein, Opting out of the Legal System, 263
Categorization
- XREF: connects to: Arbitration secrecy hides disputes from public view once judgments are paid — Lisa Bernestein, Opting out of the Legal System, 71; Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. — Lisa Bernestein, Opting out of the Legal System, 88; Absent written opinions, arbitration outcomes remain unpredictable in novel cases. — Lisa Bernestein, Opting out of the Legal System, 263 (+2 more)
Related
- Absent written opinions, arbitration outcomes remain unpredictable in novel cases. (similarity 0.94)
- Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. (similarity 0.83)
- Arbitration secrecy hides disputes from public view once judgments are paid (similarity 0.81)
- Arbitrators familiar with industry custom resolve disputes more predictably than judges (similarity 0.79)
- Private arbitration outcomes affect market behavior even without published precedent (similarity 0.78)
Broader Connections
- Absent written opinions, arbitration outcomes remain unpredictable in novel cases.
#corroborates(0.97) — Lisa Bernestein, Opting out of the Legal System, 263 - Arbitrators familiar with industry custom resolve disputes more predictably than judges
#contradicts(0.78) — Lisa Bernestein, Opting out of the Legal System, 236 - Private arbitration outcomes affect market behavior even without published precedent
#complicates(0.72) — Lisa Bernestein, Opting out of the Legal System, 248