Binding Arbitration Clause In An Employment Contract example essay topic

First off, I do not think that binding arbitration clauses should ever restrict the arbitration to only one group of people (ex. Home builders association). If there ever is a situation in which a binding arbitration clause is acceptable, there should at least be a choice of who the arbitration is and the choices should be neutral parties (ex. In the BP credit card bill stuffer, it gave the option of the American Arbitration Association, JAMS, and the National Arbitration Forum). I do not think that binding arbitration clauses should be includable in employment contracts. There are too many laws and regulations regarding employers and the way businesses operate the I do not think an arbitrator would be anywhere near as knowledgeable in these matters as a court would be, even if it was their area of expertise.

Between discrimination and work conditions, I feel that there is way too much at stake to put in the hands of an arbitrator. I do think that binding arbitration clauses can (not should, but CAN) be includable in credit card agreements and cell phone agreements. I really do not think that binding arbitration clauses should be included in any kind of contract because the severity of charges can vary so much that the courts can decide which cases can be arbitrated. In both credit card and cell phone contracts, the majority of cases will only deal with small amounts of money.

In contrast, there is so much at stake with home construction, that I do not think that construction contracts are an appropriate place for such clauses. I consider myself a pretty compassionate person. Therefore, I do not think that there should be ANY prerequisite to obtaining medical treatment, especially signing a contract with a binding arbitration clause. I believe that every contract should have the option to be enforced by the courts.

Arbitration should be something that parties agree to, not something they are forced into. I think that including a binding arbitration clause in an employment contract would produce undue influence. The applicant for employment may easily think that if they do not sign the contract that they will not get the job. In addition, since you would typically only sign an employment contract after you had been offered a job, it would be a bit harder to find another employer in a good amount of time. As for credit card, cell phone, and home construction contracts, there are many other options available and less of a time factor involved. Therefore, I do not think that there would be any duress or undue influence involved here.

In terms of requiring it as a prerequisite for medical treatment, more than likely, I think that the patient would be under duress. Therefore, I do not think that employment contracts or medical contracts that require binding arbitration should be enforceable by any party; arbitrator or judge. I do think that state and / or federal law should regulate the inclusion of binding arbitration clauses in consumer / employment contracts. Without their regulation, it is up to the writer / issuer of the contract to make up their own rule and basically act as their own government, making their own rules and regulations.

I think that they should regulate which contracts binding arbitration clauses should be allowed in. I also think that law should regulate the parties that are allowed to be deemed arbitrators in order to ensure an unbiased arbitration.