Is Arbitration The Answer: Can Companies Win Summary Judgment In Arbitration?

In comparing arbitration to litigation, it would be misleading to compare the time, cost and risk of resolving a case at an arbitration hearing to the time, cost and risk of resolving a case at trial. After all, in most employment cases, the defendant's primary strategy isn't to win at trial – it's to avoid trial by winning summary judgment. And, while we haven't studied hard data, we have the unscientific impression that employers enjoy a substantial summary judgment win rate, especially in federal court.

Thus, an accurate assessment of the pros and cons of arbitration should factor in summary judgment. If an employer agrees to arbitrate employment disputes, is the employer effectively committing to arbitrate every dispute at a hearing before an arbitrator? Or can employers move for, and more importantly win, summary judgment at arbitration?