"Even with the new all-public arbitration option, the use of binding arbitration clauses by fiduciaries raise serious legal questions.... There simply is no good faith justification for a fiduciary to require that a client give up their right to seek redress in the courts for tortuous conduct by the fiduciary. The arbitration process is promoted as being less expensive and producing quicker results. Often ignored is the fact that the arbitration process too often produces inequitable results, does not guarantee quick adjudications, and seriously restricts an investor's right to make effective discovery that might reveal evidence that proves his/her case."