Originally from Dispute Resolution Journal

Arbitration clauses are common to collective bargaining agreements. They are also incorporated in employee contracts, handbooks, employment applications and manuals to cover disputes arising under state and federal anti-discrimination laws. The recent enactment of the Americans with Disabilities Act similarly "embodies the intent of its drafters that ADR be used to resolve allegations of disability discrimination." Less certain is the response of the courts to agreements that make arbitration the exclusive remedy of a disabled employee. The authors suggest that compulsory arbitration clauses, when drafted correctly, are "legal and desirable for management" if they are directed toward a specific segment of the workforce- non-unionized, upper-level managers and executives. The extent to which these clauses can be broadened to cover "lower level" employees is a question that will require a sophisticated examination of the attendant issues by both legal and ADR professionals.