Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to provide for employer paid arbitration expenses, all remedies that would be available to the employee in court, and the selection of a neutral arbitrator to ensure fairness for the average worker.
Lisa A. Nagele-Piazza,
Unaffordable Justice: The High Cost of Mandatory Employment Arbitration for the Average Worker,
23 U. MIA Bus. L. Rev.
Available at: https://repository.law.miami.edu/umblr/vol23/iss1/4