Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court.
Andrea L. Myers,
Mandatory Arbitration of an Employee's Statutory Rights: Still a Controversial Issue or Are We Beating the Proverbial Dead Horse - Penn v. Ryan's Family Steakhouse, Inc.,
2001 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2001/iss1/10