Mandatory arbitration clauses are controversial because of a frequent disparity in bargaining power.

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Mandatory arbitration clauses are often included in contracts between parties with unequal bargaining power, which can lead to one party being forced to waive its access to the court system and accept the terms of the arbitration agreement. This has led to concerns about the fairness and justice of mandatory arbitration clauses.

Mandatory Arbitration Clauses Are Controversial Because of a Frequent Disparity