[eadler]

The courts view arbitration as a _forum_ change. The idea is that you're waiving some procedural rights while retaining all substantive rights. This is independent of a jury waiver (although arbitration necessarily requires a jury waiver).

There are some severe problems both in theory and in practice, but that's the rough justification.

At the risk of spamming (I think I've pasted this link several times recently) I've been compiling as much information as possible here. https://arbitrationinformation.org/docs/problems/