Binding arbitration of employment disputes

Abstract

This article reports on the trend of requiring new employees to accept binding arbitration as the sole remedy for any employment-related disputes, in lieu of filing suit in an Article III court. The author cautions that the arbitration agreement is commonly devised by the employer, implemented by the employer, subject to the rules the employer created, and in a forum the employer chooses. The author concludes with observations on best practices for employers in the hopes of creating a fair system with each side adequately represented and urges that this model better serves both employers and employees.