An Arbitration clause is a contractual provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.
Oregon Motion to Compel Arbitration - No Waiver of Right
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Motions to Dismiss Some courts have found that a motion to dismiss can waive arbitration rights, but ?[n]ot every motion to dismiss is inconsistent with the right to arbitration.? See, e.g., Hooper, 589 F. 3d at 922.
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.
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.
If you're a prospective plaintiff, however, the most important thing for you to know is that signing a mandatory arbitration clause means you waive your right to file your claim in court to be tried by a judge and/or jury.
Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial.
Mandatory binding arbitration often requires the parties to waive specific rights. Specifically, the provision in a contract removes or limits a party from suing if they feel wronged?they must go to arbitration instead. It also takes away their right to appeal any decision.
Outside the sexual harassment context, workplace arbitration agreements remain enforceable under federal law.
[1] In the context of arbitration, waiver occurs when a party consciously and intentionally gives up its right to arbitrate a particular dispute, thereby choosing litigation as the preferred method of dispute resolution.