The idea of requiring an alternative dispute resolution before a plaintiff is allowed to pursue his or her lawsuit in court is abhorrent and ridiculous. It is assinine. I am sickened. The idea of the court system is entirely on the order of administering justice between parties with the guidance of the Bill of Rights and the Consitution's protection of minority and financially powerless citizens. The question of arbitration or mediation becomes immediately superfluous, its presence a repulsive vestige of the zombified remains of the fascist ideal. What would Hammurabi say to the engineer who refused to sit under his own bridge? He'd just outright execute him, that's what. A code of law that enforced either arbitration or mediation is an abominable juxtaposition of the most powerfully entrenched agents against individual citizens of the country. The following ideas account for some facets of the argument that may induce one to agree that pre-court arbitration or mediation is an abomination: Corruptable agents and corruptable process.
Many countries around the world suffer morally bankrupt and corrupted justice systems. A majority of Mexican police agents regularly collaborate with drug cartels in exchange for bribe money. Middle-eastern countries under Sharia Law Justice(c) stone people to death for sorcery and otherwise execute citizens for activities such as drug smuggling and homosexual acts. All of these populations are composed of humanbeings, just like America. Therefore, we are also vulnerable to corruption and repugnant injustice in the name of Justice(c). Singular corruptable agents such as an arbitrator are not to be placed in charge of administering justice.
The corruptable process is one that is subject to the slippery slope. It is a degenerate notion that the slippery slope is a logical fallacy but that argument is for another paper. At the surface, every process of anything is corruptable. The manufacturing process of band-aids may be corrupted by a meteorite crashing into the plant and leaving a mile-wide crater, the process of reproduction may be corrupted by a condom, and the process of society's members being able to put the kibosh on the dangerous practices of a corporation may be corrupted by the citizens' inability to bring their grievances before an impartial court of law. The corruptable process at center stage is of course the law system as a tool of humanity to downregulate the inhumanity of the corporate status (when the latter is in the hands of psychopaths). To force arbitration puts the power into the hands of the world's most financially robust entities. All they ever have to be concerned about is to continually lobby for lower and lower reward caps in an arbitrating system and there is even less recourse than today's absurd practice of capping lawsuit rewards. At least an appeal can be filed and seen to if a lawsuit's reward is crazy. Arbitration is final and furthermore all of the outcome is decided upon by a single, corruptable agent.
In this paper I have focused on arbitration, with its closed-door arbitrator. Obligated mediation is no better. Lawyers and attorney will seem "optional" to plaintiffs who cannot afford them. Many mediators will bully the plaintiff out of their claims on behalf of the corporate agents representing the defense. There will be many lies from the mediator regarding the law, plus plain ignorance, in the process of the bully-beat down of the plaintiff. The only path of existence for a closed-justice system is violent, bloody revolution, for closed-justice is inherently aimed at protecting the financially elite status quo, and this status quo can only be protected until the humanbeings who inherit it murder more people with the natural condescension of high-birth. In summary, no arbitration nor mediation ought to be made mandatory nor made preferable by inconvenience due to inadequate courtrooms.
Footnote:
Justice(c) - I am considering taking the copyright before Blackrock Mercenaries Corp acquires a proper drone army and claims the southeastern region of the U.S. as its territory, strongarming the U.S. into a collaborative government system where all aspects of life are managed-for such as Justice(c), Food(c), and End Of Life Centers(c). Maybe my small act of protest will be the cure that averts the fascist, corpocratic government of the future?