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KQED's Forum

The Hidden World of Forced Arbitration

KQED's Forum

KQED

Politics, News, News Commentary

4.2726 Ratings

🗓️ 13 May 2026

⏱️ 55 minutes

🧾️ Download transcript

Summary

Forced arbitration clauses are buried in everything from product warranties to bank loans to employment contracts, often requiring consumers and workers to give up their right to sue without realizing it. Brendan Ballou, a former federal prosecutor and co-founder of the Public Integrity Project, says arbitration has become an opaque, parallel legal system that favors corporations and undermines the rule of law. We talk to Ballou about new book, “When Companies Run the Courts,” which looks at why forced arbitration has become so widespread and what states like California are doing to restrict it. Guests: Brendan Ballou, former federal prosecutor; CEO, the Public Integrity Project; author, "When Companies Run the Courts: Forced Arbitration and America's Secret Justice System" Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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From KQED.

0:54.7

Welcome to Forum. I'm Mina Kim. If you've signed up for a credit card, the warranty on a product, or accepted a job, you've likely agreed at some point to arbitration to settle any disputes rather than go through the courts.

1:01.3

Forced arbitration promises to be a faster, easier way to reach resolution, but it's a process that Brendan Ballou, a former federal prosecutor, says is too often biased in favor of corporations.

1:08.2

In this system, decisions are hidden from the public and cannot be appealed,

1:12.3

he writes. Judges decide their own powers and are often paid for by the companies they're

1:17.3

supposed to judge. Ballou's new book is when companies run the courts. Listeners, do you think

1:23.4

forced arbitration is flawed? What's been your experience? Brendan, welcome to Forum. Thank you so much

1:28.8

for having me. Well, you've said forced arbitration touches virtually every part of our lives. How often

1:33.3

are we being asked to agree to arbitration? Well, the most recent studies say that there are more

1:39.3

forced arbitration agreements than there are American citizens. And I think that probably

1:43.0

dramatically understates

1:44.7

the number of agreements. So about 80% of Fortune 500 companies use forced arbitration, either with

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