Employee Rights and Employment Policy Journal

"Keeping Lawyers out of Court: A Survey of the Prevalence of Compulsory Arbitration Agreements in Law Firms"

By
Brett A. Smith and Joshua L. Schwarz

Abstract

This paper begins by reviewing the case law dealing with compulsory arbitration of employment disputes, particularly in the nonunion sector of the U.S. economy. The focus then shifts to an examination of compulsory arbitration policies used by law firms in their role as employers. The authors then discuss a survey they conducted among law firms in nine major cities designed to determine the prevalence and content of these policies. Despite the advantages many employerf feel compulsory arbitration policies provide, relatively few of the responding law firms have implemented such policies. For law firms requiring their employees to use arbitration to resolve employment related disputes, the article provides some detail on the content of these policies.