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.
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.
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.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
As discussed above, the arbitration agreement must "reflect an unambiguous intention" and "mutual assent" to arbitrate, and include a knowing and voluntary waiver. Although something less than a signature may suffice to show an intent to be bound, employers should seek signatures wherever possible.
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.
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.