In general, California employers can condition your employment on you giving up your right to sue them. Therefore, if you refuse to agree to arbitration, employers do not have to: hire you, retain you as an employee, and/or.
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
Arbitration is a fairer, faster, and less expensive way to resolve disputes than time-consuming and expensive litigation.
Opting out of the arbitration agreement isn't damaging to you. You can always do arbitration if you would prefer that, although if you'd like to join class actions or sue the judge will throw out your case if you are still in this agreement.
The arbitrator's decision can give parties a realistic idea of the outcome of their case. If neither party appeals the decision, it will be binding, like an order by a judge. However, a party unhappy with the arbitrator's decision can request a new trial before a judge.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
The final decision on whether or not to initial an arbitration provision depends upon your view of the advantages and disadvantages of arbitration. There is no “right” answer. You need to consider what will be important to you if a dispute arises.
You can always agree to arbitration later if your lawyer advises you it's a good choice in the particular situation you find yourself in. There's no benefit to you in doing so months or years ahead of time.
Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals ...
The only disputes which may not be determined by way of arbitration proceedings are matters in respect of any matrimonial cause (or incidental thereto) and matters relating to status, for example sequestration or liquidation proceedings.