Mandatory arbitration clauses have become pervasive and though arbitration, as a process, is derided for its opaqueness and lack of transparency, the use of mandatory arbitration continues to proliferate. According to the Economic Policy Institute’s study, “The Growing Use of Mandatory Arbitration,” approximately 60 million U.S. employees are subject to mandatory arbitration provisions and more than half, 53.9%, of nonunion employers have mandatory arbitration procedures.

According to the Employee Rights Advocacy Institute’s study, “The Widespread Use of Workplace Arbitration Among American’s Top 100 Companies”, since 2010, 80% of the top Fortune 100 companies used arbitration as a mechanism to resolve workplace-related disputes.