Learn about how alternative dispute resolution provides arbitration, mediation, and business mediation services to the Court. Cuyahoga No. 89732, 2007Ohio6327, ¶ 8.The Eighth District Ohio Court of Appeals held that an arbitration clause in an employment contract was substantively and procedurally unconscionable. Agreement containing the arbitration clause, was not entitled to demand arbitration of the claims advanced. Herein, you will find a few arguments against the enforceability of such arbitration clauses. 1. The Arbitration Agreement lacks consideration. Such a provision may be inserted in a contract for resolution of future disputes or may be an agreement to submit to arbitration an existing dispute. 2.