Voluntary arbitration agreements have been used for many years to successfully resolve commercial disputes. For workers covered by a collective agreement, arbitration is often the end result of an appeal process that takes place between management and the union. Commercial and trade union disputes generally involve private arbitrators who are experienced in the professional environment they provide and who are able to find a fair solution in the voluntary arbitration process. It is important to remember that state contract law governs the application of an arbitration agreement. While arbitration agreements are generally correct, the specific laws of a state`s contracts may render a particular arbitration agreement unenforceable based on the facts of that case or contract. The issue of consideration in contract law is a good example of how it works. An important concept in contract law is that a valid contract must be based on appropriate “reflection.” This means that for the applicability of a contract, the benefit of the contract must be negotiated, i.e. each party receives something valuable in exchange for another value. In arbitration proceedings, you give the employer an advantage by agreeing to provide future rights, so you should receive something valuable in return. For example, if an arbitration agreement is signed as part of the original employment contract, your employment can be effective – you give your rights to possible legal action in exchange for a position.
However, what is a valid consideration in the context of employment varies from state to state. For example, in Baker v. Bristol Care, Inc., the Missouri Supreme Court found that an arbitration agreement was not considered if the agreement was based on continued employment (after the employee was hired). Thus, the Missouri court found that the maintenance of the worker`s employment was not valuable enough to justify consideration for the benefits received by the employer (arbitration agreement) – the agreement was therefore unenforceable for lack of consideration. Courts in another state could have a different result on the basis of the same facts that are based on the law of that state`s contracts. Inform your employer and document that you are concerned about the additional cost of arbitration. They are often only a few sentences long and often end up at the end of a larger contract under a title such as “arbitration” or “dispute resolution.” Work-conciliatory agreements can be buried in an employment contract or a staff manual. Many employers come with their expectations towards their employees at the time of hiring. Others may bury forced arbitration agreements in different types of working documents. To prevent the employee from renouncing his or her rights without knowing it, an employee should be assured of carefully reading all documents, regardless of their duration. These include: on the whole, the questions that the courts will ask through an arbitration agreement are in two categories: substantive scruples and procedural ability.