ILR's Harold Kim: Senate Must "Preserve" Arbitration

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October 02, 2019

In a new op-ed, U.S. Chamber Institute for Legal Reform (ILR) Chief Operating Officer Harold Kim said the U.S. Senate should preserve arbitration to “spare Americans from trial lawyers' greed.”

Kim said the House-passed Forced Arbitration Injustice Repeal Act would force consumers and employees into lawsuits “where trial lawyers siphon off a huge percentage of any monetary damages” and “attorney fees can run into the millions.” But arbitration, Kim said, “allows consumers, workers, and businesses to resolve disputes without incurring the enormous legal bills that accompany traditional lawsuits,” in which claimants “face lower odds of success and receive lower compensation.”

Recent research supports this claim. A study on employment arbitration from NDP Analytics and released by ILR earlier this year found that employees were three times more likely to win in arbitration than in litigation, won significantly more money, and did so in almost 100 fewer days on average.