(CLO5, 7) Is arbitration an option in human resource problems? How do employees enter arbitration? How is the process or rules of arbitration different from those in courts?

Requirements: 200 words

Answer preview

, the employer must provide an arbitration contract that includes all the details about the arbitration agreement. Then, the employee must read and fully understand the contract terms, so they do not sign a contract that benefits the employer. However, if the employment contract includes an employment arbitration clause, the employee must sign the agreement because any employment disputes will be resolved through arbitration.

Litigation is a public procedure that follows established rules that govern the process. On the contrary, arbitration resolves issues by listening and referring to written documents without following set procedures (Ortolani, 2019).  Also, litigation is time-consuming and costly as the parties must follow formal procedural rules and evidence rules, while arbitration occurs whenever the arbitrator has been appointed. Litigation also involves pre-trial procedures, while arbitration is less costly due to compressed processes.

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