[vhawk01]

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"So some people go into arbitration business and open their doors as a court. Their customers are people with some sort of dispute who want it resolved fairly and agree to abide by the court's decision. This means the court's business depends on their reputation for rendering fair judgments."

Once again, this is not correct and its proven in arbitration hearings every day of the week. An arbitrators business does not depend on rendering FAIR judgements, it depends on rendering judgements that are balanced between groups of complainants, regardless of the merits of individual cases.

I've seen arbitrators decisions that twisted them into pretzels trying to justify a ruling in favor of a unions position, because his last 3 decisions were in favor of employers, and if he doesnt maintain balance he's off the short list of one side or the other.

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Huh. Well, if YOU know of arbitrators like that, surely others must know of them. Hopefully, you'll spread the word. After that happens, I can't imagine anyone going to such an arbitrator, at least not if they want a fair decision.

Should take care of that pretty quickly, if people are really interested in fair decisions. If they aren't, then whats the problem?

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You dont seem to understand. It is problem endemic and intrinsic to any professional arbitration system, not a problem with individual arbitrators.

edit: And what makes you think both parties in a dispute want a fair resolution? The party that has the merits on its side wants a fair decision, the other party wants a decision in their favor, no matter what the merits are.

It is the flip side of the flaw of the AC solution of DROs for criminal prosecutions. Deep pockets will prevail in many of those cases where the merits don't warrant it, because many DROs will care more about being hired again by the deeper pockets than they are about the integrity of their decisions. By definition market based "justice" favors those who have more influence in the markets.

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I definitely do NOT think both sides want a fair resolution, I think NEITHER side wants a fair resolution, they want whatever benefits them. The problem isn't 'endemic to arbitration' it is a feature of an arbitration system set up to cater to the desires of a customer base that does NOT want fair decisions.

And is thus not a problem.