I never said arbitration should be mandatory.  I am merely making the case for why it is a useful term of a contract, much like a late fee, performance bonus, or M&amp;M color requirement.[1]  You are also assuming that the arbitration will be unfair, which may or may not be the case; I have seen evidence on both sides, and there are many arbitrators who reach decisions more favorable to plaintiffs than the courts do, but at much lower transaction costs.  Transaction costs often dominate employer-employee disputes.<p>[1] <a href="http:&#x2F;&#x2F;www.snopes.com&#x2F;music&#x2F;artists&#x2F;vanhalen.asp" rel="nofollow">http:&#x2F;&#x2F;www.snopes.com&#x2F;music&#x2F;artists&#x2F;vanhalen.asp</a>