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First Page

187

Last Page

232

Document Type

Article

Abstract

Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the effective administration of justice in an age of heavy caseloads and backlogs would be a mistake. Although recent decades have seen a relative plateau in civil case filings across jurisdictions, the twenty-first century appears ripe for a reanimated and rapid rise in civil litigation due to technological advancements such as artificial intelligence. This article seeks to bring compulsory arbitration back to the forefront of the conversation by demonstrating the effectiveness of current compulsory arbitration programs, analyzing how they can best be used and implemented by courts, and arguing why it is critical that their use be continued and expanded to address the current and future needs of the justice system.

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