Employment Arbitration

HR Policy Association believes that employers and employees should be encouraged to use arbitration to resolve employment disputes.  In the area of individual employment rights and disputes, the United States is one of the most litigious countries in the world. This imposes a severe burden on the court system and incurs unnecessary delays in resolving the disputes between the parties, while siphoning enormous amounts of resources from the economy into the costs of the litigation.  Employment arbitration has long been a favored alternative to litigation because it avoids the delays that are associated with litigation in the courts, alleviates the burden on the court system, reduces expenses associated with traditional litigation, and provides a more confidential forum for issues to be resolved.  Pre-dispute arbitration agreements are used by many employers and their employers to resolve employment related disputes through binding arbitration.  Such agreements are a staple item in most collective bargaining agreements and should be available in non-union workplaces as well.  While recognizing the need to ensure fairness for both parties when these procedures are utilized, the Association opposes any new legislative or regulatory restrictions on such agreements that would serve to eliminate their use as an effective alternative to litigation.