Originially from: World Arbitration and Mediation Review (WAMR)

Part One
MAJOR WAYS OF CHALLENGING ARBITRATION
“AGREEMENTS”
IN THE NON-UNIONIZED EMPLOYMENT SETTING
by
Jean R. Sternlight
Professor
University of Missouri-Columbia School of Law

I. SUMMARY
A. The basic question addressed is whether employers can compel their
non-unionized employees to resolve statutory discrimination claims
through binding arbitration rather than through litigation.
B. Numerous courts have held that it is appropriate to compel employees
to resolve their statutory discrimination claims through binding
arbitration where the employees have so contracted.
C. However, there are many ways to challenge purported arbitration