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Binding arbitration agreements are found in many employee and consumer contracts and require parties to use arbitration as an alternative to the court system to resolve disputes. By signing a contract with an arbitration clause, parties agree to be bound by the decision of the arbitrator.

Unless both sides have chosen to present their claims and arguments in writing only, at the arbitration itself, the arbitrator will ask you to lay out your case, will listen to both sides and may ask either side questions. They will then consider all evidence and testimony and then make a legally binding decision.

Example 1: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The parties expressly agree to abide by any and all rules of ARS as found in their web site at .arbresolutions.com.

The decision is good news for California employers as it is now clear that California law cannot prohibit employers from requiring employees and applicants to agree to arbitrate their disputes as a condition of their employment, provided the FAA applies to the arbitration agreement.

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

As a form of alternative dispute resolution, arbitration proceedings can either be binding or non-binding. The former simply means the decision is final and enforceable, while the latter that the arbitrator's ruling is advisory and can only be applied if both parties agree to it.