Pros and Cons of Arbitration in Employment Agreements

1. Arbitration provisions in employment agreements can protect employers from the expense and liabilities of defending class or collective actions.
2. Courts in Florida have generally upheld properly drafted collective and class action waivers in arbitration agreements.
3. Arbitration can be more streamlined and less formal than litigation, potentially saving time. – Arbitration offers privacy in proceedings, but initial filings may still be subject to publication in certain cases.
– Employers may find arbitration to be more expensive than litigation due to various costs and potential challenges to arbitration provisions.
– The limited options for appeal and relaxed rules of discovery and evidence in arbitration can be advantageous in terms of time and cost savings, but may also hinder a party’s case. – Personal injury practice has seen an increase in cases related to slips and falls
– Real estate practice is experiencing a surge in home purchases due to low mortgage rates
– Corporate law practice has noticed a rise in contract disputes
– Family law practice has seen a rise in divorce cases during the pandemic
– Intellectual property practice has observed an increase in trademark infringement cases.

Arbitration Provisions in Employment Agreements: The Pros and Cons