By disallowing mandatory arbitration, you are essentially putting a substantial risk premium on the deal (and undiversified entities will probably have to buy insurance for it). This extra cost is likely to be reflected in reduced demand (i.e. less hiring) or reduced price (or salary); I am not sure this is a desirable policy.<p>In any case, isn&#x27;t this whole problem caused by an ineffective, slow, costly, and unpredictable legal system?  Would it not be better to fix the courts, so that people actually wanted to use them?