Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
By agreeing to arbitrate, you give up certain rights while also gaining some benefits. For that reason, it's vital to understand the pros and cons ahead of time so that you can make an informed decision when you're asked to sign. Arbitration is a way of resolving a dispute without filing a lawsuit and going to court.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is where you resolve differences in front of a private arbitrator rather than a lawsuit in a civil court. Arbitration agreements are typically found in your employment contract when you first get hired.
An employment arbitration agreement typically asks employees to agree that any disputes will be resolved through arbitration. It can be a standalone document, but it's most often part of a broader employment contract.
If a party signs a contract that includes an arbitration clause, then that clause will generally be enforceable, even if the dispute that results involves personal injury.
There are some benefits to arbitration if something goes wrong for you alone because it can be easier and faster to navigate than going to court. That being said, if you would prefer to have access to class action lawsuits, then opting out might be the better option for you.
Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the “arbitration agreement”) between them and the other parties to the dispute that the dispute may be referred to arbitration.