Agreement To Arbitrate Disputes In Orange
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What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.
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.
Even if you don't currently have a dispute with the company, it is a good idea to opt out of the forced arbitration clause to preserve your options. You can always agree later to use an arbitrator to resolve any dispute. Moreover, if you have opted out, you will have more negotiating power if there is a problem.
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.
Arbitration agreements are a way that employers try to avoid being sued by employees for employment law violations, such as wage and hour violations or sexual harassment.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day.
Usually such agreements provide that you have no right to go outside the arbitration system and present your claims to the public courts. In forced arbitration situations, your job may depend on accepting such a provision: your only other choice is to not take the job.
