Why arbitrate a statutory employment claim? Proponents of ADR point to its speed, economy and informality, benefits buttressed by both court and Congressional support, says H. David Kelly, Jr. The use of arbitration to resolve statutory disputes has, however, given rise to substantive issues that must be considered by party advocates, says Kelly. Possible cost, neutral selection, adequacy of the remedy, and finality of the award are a few of the concerns that must be considered by prudent counsel to ensure that the arbitration is conducted to the satisfaction of the parties.
The arbitration of statutory employment claims remains controversial1 despite the fact that the United States Supreme Court and Congress have both embraced it as a means to resolve these employment disputes, at least under some circumstances. Its proponents declare that it is preferred because of attributes noted by the court: its alleged speed, economy, and