Secrecy in arbitration decisions may send dealers wrong behavioral signals. [causal]
Some members of the DDC board of arbitrators are concerned that the lack of published opinions explaining the basis of decisions gives dealers the wrong signals about what type of behavior is sanctioned. Although cases are officially kept secret, the industry is "like a bunch of old ladies," and in new and unusual cases the result can rapidly become known.
DEFINE: The DDC's board arbitrates dealer disputes with unpublished opinions; the concern is that missing rationale undermines the deterrent/guidance function of case decisions.
Lisa Bernestein, Opting out of the Legal Sys…, loc. 248