Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option that most employees have for addressing employment claims, and that the primary concern should be to ensure the mutual selection of the arbitrator, class action status, and due process.