Hot take: I think arbitration is a trap. It’s sold as cheaper and faster, but in practice, I rarely see employees come out on top—and the lack of transparency serves employers way more than it ever serves workers. I used to be neutral on arbitration clauses, but now I find myself actively advising clients against them. The whole process feels like a private forum for corporate damage control. Anyone else rethinking their stance on arbitration?

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Eh, I thought this was going to go the other way and you would say “as an employer’s attorney, I oppose arbitration.” There are downsides for employers too. The big one being that arbitrators attempt to split the baby and also don’t like to hear or grant dispositive motions. You’re far less likely to settle a case or get it kicked in arbitration. So I agree that arbitration is not ideal, but from the completely different end.

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Agreed here. Arbitrators often award some damages even when there is a very weak case by an employee and the cost to go through with an arbitration can motivate organizations to resolve some cases and pay some settlement amount since there isn’t a mechanism to dismiss at the outset.

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I’ve seen arbitration work well in certain narrow contexts, but overall, it often tilts heavily in the employer’s favor. The lack of precedent, limited discovery, and confidential rulings can really disadvantage employees. It’s worth reevaluating when and how we recommend its use.

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For large companies an arbitration agreement is valuable because of the class action waiver.

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Grievance and contract interpretation arbitrations under CBAs work pretty well, but they don’t have the same issues with transparency or precedent. For employment claims, I agree arbitration is usually to the disadvantage of workers

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