Tagged: privitized judicial forum

“Individual employment arbitration exemplifies the decline of the civil jury. Companies require individuals to submit employment disputes to private judges. The Supreme Court’s seminal decision, Gilmer v. Interstate/Johnson Lane Corp., signals broad approval of this workplace dispute resolution method. The problem is that employees are pressured to waive access to a judicial forum, including a jury. A few years after Gilmer, millions of employees are now required to arbitrate. Firms embrace arbitration to lower dispute costs. But that is beginning to change as employers question its value. Key rulings make trials less expensive, while arbitrations are more costly. Remarkably, some employers are discarding arbitration to return to court, but with a condition: employees must waive access to a jury and agree to a bench trial.”

Source: Michael H. LeRoy. “Jury Revival or Jury Reviled? When Employers Are Compelled To Waive Jury Trials.” U. Pa. Journal of Labor and Employment Law. pg. 768-769. 2005.