The last few years have not been particularly kind to arbitration. The use of mandatory arbitration provisions in customer agreements has declined sharply in the banking sector, partly in response to litigation filed (and then settled) by the Minnesota Attorney General Lori Swanson in 2009. This action, which alleged that a major dispute-resolution firm, National Arbitration Forum, had improper ties to the debt-collection industry, resulted in a backlash against consumer arbitration.
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