As a company, it is important to have an arbitration agreement in place. An arbitration agreement is a contract between the company and its employees or clients that states that any disputes will be resolved through arbitration rather than going to court.
Why is having an arbitration agreement important?
Firstly, it can save time and money. Going to court can be a lengthy and expensive process. Arbitration, on the other hand, is usually quicker and less costly. This can benefit both parties, as it allows disputes to be resolved in a timely manner without incurring excessive legal fees.
Secondly, arbitration can be more confidential than going to court. Court proceedings are generally open to the public, whereas arbitration is private. This can be particularly important for companies that are dealing with sensitive information, such as trade secrets.
Thirdly, arbitration can be more flexible than court proceedings. The parties can agree on the rules and procedures that will be followed, rather than being bound by strict courtroom procedures.
What should be included in an arbitration agreement?
The arbitration agreement should be clear and unambiguous. It should state the disputes that will be covered by the agreement, the rules and procedures that will be followed, and the identity of the arbitrator or arbitrators who will be used.
It is important to note that arbitration agreements cannot be used to waive an employee`s right to bring a claim for discrimination or other unlawful conduct. Therefore, it is important to ensure that the arbitration agreement does not conflict with any applicable laws.
In summary, having an arbitration agreement in place can be beneficial for both companies and their employees or clients. It can save time and money, ensure confidentiality, and be more flexible than going to court. However, it is important to ensure that the agreement is clear and complies with applicable laws.