The Fifth Circuit recently required arbitration of ERISA case claims. In Lizalde v. Vista Quality Markets this court reversed a district court that had refused to require arbitration. The Department of Labor (DOL) has indicated in its claim procedure regulation and comments that only limited forms of mandatory arbitration may be required in a plan document. At first glance this 5th Circuit decision appears to be contrary to the DOL’s position. However the DOL does not actually ban arbitration, but contends that broad arbitration requirements violate the requirements of a full and fair review which are set out in its regulation at 29 CFR § 2560.503-1. So the question remains as to whether a court will find a lack of a full and fair review in this context. Practically speaking, arbitration is not used by ERISA plans to avoid a jury trial as is often the case in other areas of litigation. There is no right to a jury trial according to the 11th and 5th Circuits under ERISA. So the issue here is really only whether a judge will hear the case or an arbitrator.