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Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration
Contrary to the media bashing arbitration of employment disputes, a recent Chamber of Commerce study finds it is employees–not the companies–that benefit from arbitration. Specifically: when cases proceeded to adjudication, plaintiffs, who almost always were employees, were more likely to prevail in arbitration than in litigation. During 2014- 18, in decided cases, employee-plaintiffs prevailed in more than 32% of arbitrations but only 11% of litigations. Furthermore, prevailing employees typically won twice as much money in arbitration than in litigation. Employment arbitration also was faster than litigation.