"Mandatory arbitration provisions are not a simple matter and should be adopted only after careful consideration.... [1] What is the effectiveness to thwart class actions versus the risk of numerous participant arbitrations regarding the same subject matter and inconsistent arbitration awards? [2] Will the arbitration involve arbitrators with sufficient ERISA background and experience? ... [3] What are the potential time and cost savings derived from arbitration as an alternative to litigation? ... [4] What will be the effect on fiduciary indemnification and insurance coverage? ... [5] What is the risk of an adverse arbitration award that is generally non-appealable?"  MORE >>