Originally from Alternatives to the High Cost of Litigation

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The most significant high-court test for arbitration in years will launch the U.S. Supreme Court’s 2017-2018 term on Oct. 2. The review will take the form of three consolidated cases that will assess how employers can compel employees to waive their workplace disputing rights to class processes in litigation or arbitration.

The decision is expected to issue a bright line that, regardless of outcome, will determine how arbitration is used in the business world, with potentially big implications for management and employees.

It’s possible the Court will defer to the independent federal agency that prohibited class waivers, and allow employees to use class processes in court or arbitration to pursue workplace claims.