Over the past several years, more and more companies around the country have implemented alternative dispute resolution procedures to resolve employment-related claims. A recent study concluded that more than half of nonunion private sector employees are now subject to mandatory arbitration procedures.

At the same time, states like California have passed laws that attempt to limit an employer’s ability to require arbitration of employment disputes. Even without a statute, judges may act to prevent arbitration where they feel the employee agreed to the alternative forum without understanding what he or she was giving up.

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