We continue our
series examining whether an employment arbitration program
can help minimize legal risks from COVID-19 and beyond by
considering another question employers should ask when deciding
whether to adopt an employment arbitration program: Does
employment arbitration reduce legal costs? As explained
below, we suggest that the answer is usually
"yes."
We recognize there may be strong opposing views on this
subject. We also accept that, at times, the costs of
arbitrating employment claims can outpace the costs of litigating
the same claims in court. But such times, we argue, are
limited and can be mitigated by arbitration agreements crafted with
care.
Why Arbitration is Usually Less Expensive than Litigation in
Court