Wagner Bros., Inc. v. City of Williston

PEDERSON, Justice,

concurring specialty-

If the “prevailing arbitration law” would provide due process for the parties in their dispute, I would not concur in the Chief Justice’s ultra-technical interpretation. But the North Dakota statutes relating to arbitration procedure are so unfair that it would be unconscionable to force their use upon someone who objects. It should be obvious from the fierce resistance that is regularly made, not only in this ease, that our arbitration procedure is not a viable alternative dispute resolution forum. As soon as a court will declare the statutes unconstitutional, the door will be open to legislativé efforts to write a valid and fair law.