Orange County Employment Lawyer Explains How Arbitration Could Harm a Plaintiff’s Case

Arbitration is an alternate form of dispute resolution for people who want to avoid the expense and long delays associated with litigation. Experienced employment lawyers Orange County who represent workers are cautious about utilizing arbitration because the legal process tends to favor employers due to inherent conflicts of interest.

The Bias of Arbitrators

The arbitrator is supposed to be an independent third party who analyzes the evidence and makes a fair decision in the case. Since arbitrators are usually attorneys or retired judges who are chosen by the disputing parties to oversee the case, their decisions are rarely neutral or impartial. An individual employee may only be involved with arbitration once, but many employers use arbitration repeatedly. Employers can be a major source of income for arbitration companies that are hired on a regular basis to handle those cases. As a result, the arbitrator knows that an employer probably won’t retain his services again if he orders the employer to submit a large payment for damages to the plaintiff employee.

Differences Between Arbitration and Jury Trial

During a legal case, the discovery phase is crucial because it enables the parties to obtain necessary evidence and develop a deeper understanding of the issues being disputed. Unlike in a jury trial, an employee’s ability to depose witnesses, gather evidence, and request documents from the employer can be severely restricted in arbitration. When the arbitrator prevents the employee from presenting critical evidence and witness testimony, it’s makes it more difficult to build a strong case. According to the terms of most arbitration agreements, the arbitrator’s decision is final and binding. The plaintiff employee doesn’t have the right to file an appeal if he doesn’t agree with the outcome of the case. When an employee opposes a ruling in a jury trial, he has the option of appealing the decision.

Contact an Orange County Employment Lawyer

If you want to find out additional information about arbitration and the legal options available to you in an employment case, the attorneys at Daily Aljian, LLP can assist you. Call us at (949) 861-2524 to schedule a consultation.