Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to a settled state of arbitration law. We then exhort the various stakeholders to collectively take up the challenge of this next stage. In particular, we hope to prompt that cooperation by laying out the essential elements of a fair and just employment arbitration mechanism.
Stephen L. Hayford, Jamie Darin Prenkert, and Anjanette H. Raymond,
Employment Arbitration at the Crossroads: An Assessment and Call for Action,
2014 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2014/iss2/4