30 William Mitchell Law Review 313 (2003-2004)
Changing the law to enforce only post-dispute agreements to arbitrate will not solve the problems of arbitration as a condition of employment. This change would leave the majority of employees who need arbitration in order to obtain justice empty handed, which is a situation far worse than the one employees face today. Rather than change from one unacceptable option to another, models for voluntary pre-dispute arbitration agreements need to be further developed.
Maltby, Lewis L.
"Out of the Frying Pan, Into the Fire: The Feasibility of Post-Dispute Employment Arbitration Agreements,"
William Mitchell Law Review: Vol. 30
, Article 17.
Available at: http://open.mitchellhamline.edu/wmlr/vol30/iss1/17