Businesses and the courts grant arbitration favored status as a method of dispute resolution. Could a newspaper or magazine bind its audience through an arbitration clause included in the text of the publication to handle all disputes, particularly troublesome ones such as defamation actions, arising from the publication? This paper examines whether arbitration clauses of this kind would be enforceable. Because journalism is a different kind of business and deals with different kinds of consumers and goods than other businesses, mandatory arbitration may not be quite a perfect fit. But because of the many potential advantages arbitration offers as a forum, particularly in the realm of the kinds of cases that the press most often faces, the press should consider ways in which to get cases out of court and into arbitration.
Available at: http://works.bepress.com/daxton_stewart/15/