Arbitration allows businesses, consumers and employees an
alternative means of dispute resolution, where parties agree to
resolve their differences in front of a neutral and unbiased
arbitrator rather than going through a lengthy and costly lawsuit
in the courts. A recent study from the U.S. Chamber Institute for
Legal Reform found that:
- Employees are three times more likely to win in arbitration
than in court
- Employee-plaintiffs had better chances to win higher monetary
award values
- Arbitration is resolved in less time than in court
Trial lawyers are consistently pushing to change or take away the
right to use arbitration because the opportunity for attorneys’
fees and a cut of the awards is much greater when litigation is
lengthy. However, both the California and federal courts support
the policies behind arbitration, and the Federal Arbitration Act
pre-empts state laws that disfavor arbitration agreements.
Arbitration is a critical means to reducing litigation that
wastes the time and resources of consumers, the courts, and
employers.