Yale Journal of Health Policy, Law, and Ethics | June 9, 2006Read the Publication
Almost unnoticed, a new kind of adjudication system has appeared in American law. In forty-one states and the District of Columbia, special entities have been established to resolve contract and tort claims. State law created and mandates each system; these are not arbitrations agreed to by contract between the parties. Despite their public nature, however,these systems are not offered or operated by courts; the public function of adjudication is entirely outsourced to private actors.