Clients often ask an Irvine employment lawyer why arbitration is considered a positive thing for defendant employers.
Defendant Employers May Derive Certain Benefits From the Arbitration Process
Arbitration may be positive for defendant employers because:
- The arbitrator might have less sympathy for a plaintiff than a jury. Jurors are more likely to place themselves in a position of empathy with the plaintiff while an arbitrator will examine the case more clinically and not be swayed by emotion. Jurors could place themselves into the shoes of the plaintiff and have negative feelings toward a vast corporation while an arbitrator wouldn’t. Arbitrators also have a tendency to reduce the awards for punitive and emotional damage in comparison to juries;
- Plaintiffs might be discouraged from filing a claim if they know arbitration will be mandatory. There is a belief that awards through arbitration are lower than what is awarded via jury decision. With that in mind, plaintiffs might not want to bother filing at all as it can be more difficult to find a lawyer who will be willing to put in all the work on contingency for an award that is not going to be as large as it would with a jury;
- It is less expensive to go to arbitration. Employers are less concerned about going to arbitration than litigation because it is generally considered to be less expensive. Frequently, discovery – the process in which both sides receive the other’s evidence – is limited in arbitration; and
- Arbitration has greater confidentiality. If the employer is concerned about negative media coverage, arbitration has a higher amount of confidentiality to prevent their business from being discussed publicly.
Contact an Experienced Irvine Employment Law Attorney
If you have questions about why arbitration is often viewed as an advantage for defendant employers in comparison to a jury, contact Daily Aljian LLP at 949-861-2524 to discuss your case today.