For mandatory arbitration to be constitutional:
A) proceedings must be bound by standard judicial tenets such as discovery.
B) licensed practitioners must preside over all proceedings.
C) all disputing parties must agree in advance to be bound by the arbitration award.
D) fair procedures must be provided by the legislature and ultimate judicial review is available.
E) the foundational statute must have passed with a super-majority.

Question

Quizplus · Accepted Answer

Although a party may voluntarily consent to almost any restriction upon or deprivation of a right, a similar restriction or deprivation, when compelled by government, must be in accord with procedural and substantive due process of law.

For Mandatory Arbitration to Be Constitutional