The idea that justice can only be administered by the State is fading from the world. Slowly, but surely, justice is being privatized.

A recent survey of 1,000 of the largest U.S. corporations showed that 79% used arbitration to resolve commercial disputes in the last three years.

Currently, state courts are experiencing a large decline in the number of new cases, other than cases brought by the State and federal government against businesses and citizens.

State courts purport to offer speed and impartiality in the resolution of disputes. However, due to budget cuts, State courts are no longer speedy. Worse, an impartial judge may not be as desirable as a more experienced and more knowledgeable mediator or arbitrator. Further, I know of no peer reviewed studies which demonstrate that the courts are the best, or more efficient way, to resolve disputes.