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While most states permit broad arbitration provisions in employment contracts to require that all employment disputes be resolved by arbitration, Massachusetts has joined the minority of states that will require an employee to arbitrate statutory employment discrimination claims only if the employee has specifically
Arbitration is considered more efficient, cheaper, and faster by employers, but often employee rights are left behind. Arbitrators often side with employees, and may not take your rights as seriously as would a California court.
Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.
Many experts have concluded that employees who arbitrate their claims obtain results that, on average, are as good or better than the results obtained by employees who litigate.
Arbitration agreements are presumptively valid, enforceable, and irrevocable in Massachusetts, unless grounds exist for revocation under contract law (M.G.L. ch. 251, §1 and Miller, 863 N.E.2d 537 at 543).
Employment Arbitration Agreement an agreement between an employer and an employee, sometimes signed prior to employment and in some instances after employment has begun, in which both parties agree to submit any employment-related disputes to arbitration, rather than to the traditional court process.
Bad. This question is often debated among attorneys, judges and arbitrators. Judges like arbitration because they're chronically overworked.
Arbitration is normally binding, although non-binding arbitration exists and is similar to a case evaluation. When an arbitrator makes a decision it is called an award. By binding, it means that the parties agree in advance to accept the decision of the arbitrator.
The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate valid, enforceable and irrevocable, except on the grounds for the revocation of other contracts.
Are Arbitration Agreements Legally Binding? Arbitration agreements are legally-binding if the case is disputed through binding arbitration. If the arbitration is non-binding, then you can pursue the case in court. If the arbitration is binding, then it is enforceable under law.