Arbitration in the Absence of a Party or Representative. While you should consult with an attorney about specific provisions, here are some frequently asked questions about arbitration agreements.That the dispute arises out of an individually-negotiated employment agreement, the filing fee for a counterclaim will be charged in accordance with the fee. An employer may set forth in the arbitration agreement which arbitration rules will govern employmentrelated disputes. Are mandatory arbitration agreements enforceable? In the case, the named plaintiffs signed mandatory arbitration agreements as part of their employment. The employees agreed to arbitrate "all claims . . . Defending your company against sexual harassment claims became a bit harder. For California employers, drafting conscionable arbitration agreements involves prioritizing transparency, clarity, and early disclosure procedurally.