An increasing number of courts, albeit still a minority, refuse to enforce nonmutual arbitration clauses (clauses that … arbitration of at least some of its own claims. This article challenges the view that nonmutual arbitration clauses necessarily … are unfair. Certainly to the extent market forces constrain business (mis)behavior, nonmutual arbitration clauses may make …

We compare three common dispute resolution processes - negotiation, mediation, and arbitration - in the framework of … arbitration, the two parties commit to conform to the third party recommendation. We characterize and compare the optimal … mediation and arbitration procedures. Both mediators and arbitrators should optimally filter information, but mediators should …