While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
Employment contracts are enforceable in Massachusetts. When an employer and an employee enter into a written and signed employment contract, both parties will be held to the terms of the contract.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
Parties who wish to refer a matter to arbitration shall sign a written agreement to arbitrate which shall be enforceable in ance with the provisions of section one of chapter two hundred and fifty-one.
The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts. M.G.L. c. 251 § 1.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
In a series of decisions beginning in the 1980s, the U.S. Supreme Court expanded the reach of the FAA, requiring enforcement of arbitration agreements to statutory claims,11 including in employment contracts.