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ARTICLE · 01 JULY 2025

10 Compelling Reasons For Employment Arbitration: Eliminating Excessive Discovery

Clark Hill Plc
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This fourth installment of the 10 Compelling Reasons for Employment Arbitration discusses the advantages of conducting discovery pursuant to an arbitration agreement as opposed to under typical court rules.

United StatesLitigation, Mediation & Arbitration

This fourth installment of the 10 Compelling Reasons for Employment Arbitration discusses the advantages of conducting discovery pursuant to an arbitration agreement as opposed to under typical court rules. Because arbitration is effectively "court by contract," the parties have more control over discovery methods. In accordance with the United States Supreme Court's recognition that a party who submits their claims to "resolution in an arbitral, rather than a judicial, forum ... trades the procedures and opportunity for review of the courtroom for the simplicity, informality, and expedition of arbitration...," this control over discovery afforded by arbitration can significantly reduce costs and business disruptions as the case proceeds to resolution.

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