Faith-Based Private Arbitration as a Model for Preserving Rights and Values in a Pluralistic Society

Authors

Michael J. Broyde, Emory University School of Law

Abstract

This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt as best practices. Consensual arbitration under religious auspices of private disputes ought to be allowed to flourish, as it is consistent with the historic policies of religious freedom in the United States.

Recommended Citation

Michael J. Broyde, Faith-Based Private Arbitration as a Model for Preserving Rights and Values in a Pluralistic Society, 90 Chi.-Kent L. Rev. 111 (2015).
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol90/iss1/6