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Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin

Alexander Colvin

[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration agreements on employees. Critics argue that employees are not voluntary participants in the process, which they say unfairly favors employers. Advocates of mandatory arbitration dispute these charges and argue that arbitration offers employees and employers significant advantages over litigation. For example, they argue, among other things, that that litigation is not as accessible as arbitration because lawyers will not take low value employment cases on a contingency basis.

Critics of mandatory employment arbitration have moved the debate into the legislative arena. Bills have been introduced in state legislatures and in …