In recent years, more and more employers are considering
requiring employees to bring any claims arising out of the
employment relationship in a private forum such as an arbitration.
The American Arbitration Association provides a helpful guideline for drafting
mandatory dispute resolution provisions. Some of the benefits of
arbitration are well known: among other things, arbitration
proceedings are confidential, efficient, and tend to be less
expensive. Arbitrations also do not include a jury, potentially
eliminating much of the uncertainty and unpredictability of
litigation from an employer's perspective. With the Supreme
Court repeatedly indicating that courts should enforce arbitration
agreements because the Federal Arbitration Act
provides that arbitration agreements are "valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in
equity for the revocation of any contract," arbitration
agreements are b an increasingly attractive option
