Since the United States Supreme Court gave the Federal Arbitration Act a robust interpretation, arbitration agreements can be found in a variety of consumer contexts. Even educational institutions are opting for Alternative Dispute Resolution (ADR) agreements with students. Only a few law schools, however, are opting for arbitration agreements, even though law schools are increasingly targeted with litigation. It would seem that the uneasy future of some law schools might pose a prime place for arbitration agreements to take root. This article will serve as a warning that future law students should be wary of the unfair protections of arbitration clauses. First, this article will illustrate how educational institutions contract regularly with students. Next, this article will propose why law schools could be tempted by the protective qualities of arbitration agreements. And finally, this article will compare the pros and cons of arbitration agreements to further illustrate the detriment such agreement would pose on current and prospective law students.
Jeremy Alm, Arbitration Agreements: The Perfect Defense for Law School Deceit, 6 Y.B. Arb. & Mediation 417 (2014).