Watch Adishian Law Group, P.C. founder and California Attorney Chris Adishian answer the question “What is arbitration?”
Arbitration is a dispute resolution process created under federal and state statute whereby the parties can agree by contract to bypass the civil court system. This is significant because if you have an arbitration agreement that’s enforceable, that means an arbitrator and not a jury will hear your case and decide your case. Well, it has some similarities to a civil trial, there’s important differences.
Number one, there’s no jury.
Number two, the arbitrator’s decision is virtually unappealable, except in very limited circumstances.
Now, in California employment context, arbitration agreements have to meet very specific criteria in order to be enforceable. However, if they are enforceable, the courts generally will have the parties go to arbitration. And arbitration generally is considered a more favorable forum for employers than for employees, in terms of resolving employment disputes. So, if you have been terminated, the first thing you’re going to want to look at is, do you have an arbitration agreement with your employer, and is that arbitration agreement enforceable?