Labor/Employment,
Alternative Dispute Resolution
Dec. 9, 2021
The rise and fall (out) of mandatory pre-dispute employment arbitration
The most far-reaching work law development of the past three decades has been the rise of mandatory pre-dispute arbitration. Over the strenuous objections of the plaintiff’s bar and workers’ rights advocates, a majority of American businesses now require their employees — not to mention consumers of their communication, health care, financial and other services — to enter into agreements to resolve legal disputes in arbitration rather than in courts of law.
Christopher David Ruiz Cameron
Justice Marshall F. McComb Professor of Law
Southwestern Law School
The most far-reaching work law development of the past three decades has been the rise of mandatory pre-dispute arbitration. Over the strenuous objections of the plaintiff's bar and workers' rights advocates, a majority of American businesses now require their employees -- not to mention consumers of their communication, health care, financial and other services -- to enter into agreements to resolve legal disputes in arbitration rather than i...
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