July 2018 bar bulletin
By Gregg Bertram
It is no secret that arbitration has in general become a controversial alternative dispute resolution (ADR) process. In recent years, there have been many challenges to the validity and fairness of arbitration awards by litigants aggrieved by unfavorable arbitration results. Forced employment arbitration in particular has received heated criticism from employees and their attorneys.
From the data discussed below, it is clear that arbitration forums favor employers over employees the vast majority of the time. Courts, especially federal courts, including the U.S. Supreme Court, have consistently endorsed the right of employers to compel arbitration in employment settings, often to the exclusion of other applicable law....