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LorenPechtel an hour ago

This isn't specifically business vs consumer. The problem is ruling against the guy who brings you more business isn't good for getting more business. And you have a related problem with big fish vs big fish (for example, arbitration of union contracts) where you have to appease both sides--go something like 50/50 regardless of merits.

Very clear case, arbitration is fine. Fuzzy case, I would much prefer something that doesn't tip the scales in advance.

Note that the same bias problem exists with home inspectors. Realtors won't like inspectors that find things that kill deals. That one can be solved by hiring your own inspector with no input from the realtor.