Is it time to rethink mandatory arbitration of employment disputes in light of AT&T Mobility v. Concepcion?

Lexology
Shannon Gracey Ratliff & Miller LLP
Patrick J. Maher
USA
November 3 2011

For many years the issue of mandatory arbitration of employment disputes has been a controversial topic. Employee advocates frequently condemn mandatory arbitration of employment disputes, at least outside of the collective bargaining context, due to the alleged bias of the arbitration system. They claim employers, as repeat users, have an unfair advantage in the private arbitration process. Opponents of mandatory arbitration also claim the privacy of the arbitration process impedes the full development and public knowledge of legal rights.
In contrast, many employer advocates have preached the virtues of mandatory employment arbitration. These advocates contend that arbitration is cheaper, quicker, and more predictable than the traditional court system. Some advocates also treasure the relative privacy of the arbitration process.

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