Normally, when you deal with arbitrated settlements in other situations, such as labour negotiations, etc., they become precedent setting. So one would think that over time, fewer and fewer of these arbitrations would be necessary because shippers and railroads would both know where these things tend to go and would work on getting there in the first place.
Except that here, they're confidential. Neither side will know about the precedents, and therefore each and every case.... Even if I had a contract last year with these guys, I'm going to have to go get them arbitrated again, or if I know that the farmer down the road has grain that is essentially the same schedule as mine, I have to go and get an arbitrated settlement because I can't use the precedent.