While some litigants frequently file cases, very few opposing pairs of litigants appear together frequently. Thus, there is little opportunity for litigants to develop trust or reputation. Lawyers, on the other hand, face each other frequently and participate in a community of lawyers that...

The Consumer Financial Protection Bureau's Arbitration Study: Report to Congress 2015 does not support the case for ex ante regulation of mandatory consumer arbitration clauses. It contains no data on the typical arbitration outcome - a settlement - and it is these arbitral settlements, and not...