Originally from Dispute Resolution Journal

This paper sets forth what I hope is a helpful framework in which to analyze issues surrounding mandatory arbitration of employment disputes for non-union employees. It discusses some of the recent case law and highlights a number of unresolved legal questions, especially those involving employer limitations on the arbitral process. Along the way, I hae also included some personal comments based on my experience with these issues, particularly concerning the contention by many plaintiffs' attorneys that mandatory arbitration as a condition of employment is inherently unfair.