Introduction: The Clause Almost Everyone Signs—and Few Understand As lawyers who routinely review contracts, advise clients, and litigate disputes, we encounter mandatory arbitration clauses almost daily. They appear in employment contracts, consumer agreements, bank forms, mobile apps, insurance policies, and even hospital admission documents. Most people sign them without negotiation. Many do not even notice…

The honest answer—grounded in experience, judicial authority, and academic critique—is yes. ADR is a powerful tool, but it is not morally neutral, nor is it automatically fair. When applied without safeguards, transparency, or regard for power imbalances, ADR can quietly produce outcomes that undermine justice rather than advance it. This article explores when and how…

Introduction: Why ADR Needs an Honest Conversation Over the past two decades, Alternative Dispute Resolution (ADR) has been widely promoted as the cure-all for the perceived failures of litigation. Courts encourage it. Policymakers endorse it and reflect overwhelming interest in mediation and arbitration as faster, cheaper, and friendlier alternatives to court. Yet, as lawyers with…

Introduction: Why This Question Matters More Than Ever Over the last two decades, Alternative Dispute Resolution (ADR) has been promoted worldwide as a faster, cheaper, and friendlier alternative to litigation. Courts encourage it. Governments support it. Lawyers recommend it. Google searches reflect it. Yet, as experienced legal practitioners, we must be honest with the public…