Section 5 Arbitration

• Library: Employment Discrimination 2008

Binding arbitration is a creature of contract. In enforcing contracts to arbitrate, courts look for the traditional elements of offer, acceptance, and consideration. In the employment arena, agreements to arbitrate generally arise in two settings. The first is under a collective bargaining agreement between an employer and a union. The second is under an individual employment agreement or an employer-designed policy that is made a condition of employment. In the context of employment discrimination...