By Scott J. Burnham , February 8, 2012
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The author discusses mandatory arbitration clauses in contracts, and Montana’s repeated efforts to marginalize and prohibit their use. He criticizes the Montana Supreme Court for prohibiting pre-dispute arbitration clauses in the name of freedom of contract. Freedom of contract, he concludes, must allow parties to agree to mandatory arbitration clauses because they may be willing to forgo some of the procedural protections in litigation for a faster, cheaper resolution.
