Originally from Dispute Resolution Journal

There is at least one straightforward and simple reason why  mandatory arbitration of statutory employment disputes has caused such a fire storm of criticism: There is a fundamental inequality in bargaining power between the individual employee and the employer. The “contract” for mandatory arbitration, therefore, always results in the “waiver” of employee rights. Most commonly, the right waived is for a jury trial, but just as commonly, rights are waived to important discovery necessary to prove the case. In certain circumstances, employers have also required waivers of remedies, time limits, or right to counsel at certain stages of the proceeding. These waivers occur at the time that an employee does not know what the nature of the dispute will be, because no dispute has yet arisen.