How it gets started
An arbitration usually starts with a written demand filed with the provider named in the agreement, often the American Arbitration Association or JAMS, and served on the other side. Many providers apply special employment rules when the employer required the agreement, and under those rules the employer typically bears most of the provider's fees and the arbitrator's compensation. If a lawsuit was filed first, the employer may ask the court to compel arbitration, and whether the claim belongs there gets decided at that stage, sometimes by the court and sometimes by the arbitrator. People who signed an agreement can still generally file a charge with a government agency.
What the process looks like
The parties usually choose the arbitrator from a list provided by the organization, striking and ranking names. Discovery tends to be narrower than in court, with fewer depositions and more limited document exchange, although the arbitrator can order more when it is needed. Hearings are private and are often held by video or in a conference room rather than a courthouse. Confidentiality depends on the agreement and the rules, and it is not automatic in every case. The arbitrator issues a written award, and review by a court afterward is very limited, which means mistakes of fact or law usually cannot be fixed on appeal.
Preparing well
Because discovery is limited, the documents you have at the start matter more than they would in court. Keep your own messages, pay records, and reviews, and ask before taking anything that belongs to the employer. In a first meeting we review the arbitration agreement and the provider's rules, the fee arrangement, and whether your claims fall within it or fall under an exception, such as the federal rule allowing sexual harassment claims to go to court at the employee's choice. Employers facing a demand should notify their insurer, preserve records, and consider who will serve as the company's witnesses.
