Synopsis By: Lurie - Proceeding Author: Calvin William Sharpe

A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to permit employers to impose mandatory arbitration in disputes involving public rights? The logistical advantages of arbitration are described, as is the potential disadvantage of a loss of fairness. The author proffers that reduced costs make arbitration the optimal form of dispute resolution where 1) it fully resolves the dispute and alternatives to arbitration are impractical, 2) expertise is important, 3) numerous claims are likely, 4) deterrence is sought, 5) the parties have a continuing relationship, and 6) that relationship is privately ordered. The author concludes that “mandatory arbitration in statutory disputes can be a good thing.”