The reason there's a dispute in the first place is that the disputants disagree as to what's fair. So I don't know what you mean by fair.
Anyway, the important point is that no consumer will hire a judge unless he thinks there's a decent chance of the ruling being enforced - no matter how favorable or "fair" he expects that ruling to be, it's of no use whatsoever unless it's enforceable.
Let me ask you this: why are there no private judges today in the US? By judges I mean people who render decisions *and* enforce them. It's not illegal for me to build a courthouse, buy a robe, call myself Judge NowOrNever, and start advertizing for customers. No G-men will break down my door if I try to do this. So why doesn't anyone do this? Because everyone knows I can't enforce my ruling, since whoever is on the losing end of my ruling can appeal to a government court, and that I cannot possibly compete with the strength behind the government court. I the private judge have no customers because I cannot enforce my rulings, and everyone knows this.
P.S. Thanks for reading my essay. It's still a work in progress so I really appreciate any feedback. :-)
"Alas! I believe in the virtue of birds. And it only takes a feather for me to die laughing."
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