When Companies Run the Courts: How Forced Arbitration Became America's Secret Justice System

The definitive exposé of forced arbitration, the secret justice system that protects abusers, employers, and powerful corporations

“Ballou is one of our most insightful analysts of the modern American legal system. This careful study should be required reading.” —Simon Johnson, Nobel laureate and coauthor of Power and Progress

America has a hidden justice system. There, decisions are made in secret, and “judges” are paid for by the companies and abusers who are being sued. Victims usually lose. But when they do, they cannot appeal, and they cannot turn to real courts for help.

They are trapped in this system, and quite likely, so are you. You joined it when you accepted the Terms and Conditions on a website, opened a new credit card, or started a new job. When you did, you agreed to be trapped in this secret justice system called “forced arbitration.” Through its secrecy and corruption, forced arbitration helps companies cheat their workers, helps banks deceive their customers, and helps predators act with impunity. If companies and the very powerful often seem beyond the reach of the law, it’s because they are, and forced arbitration is the reason.

Yet despite the fact that forced arbitration profoundly shapes our lives, almost nothing has been written about it. Brendan Ballou’s When Companies Run the Courts changes that. It shows how forced arbitration came to be, how it makes your life worse, and how we might escape it.