In the field of labor and consumer arbitration, the employer is probably a repetitive player, while the worker or consumer is probably a one-shot player.56 How can one then compensate for the advantage of the rehearsal player? One possibility is that the legal aid of each side is an effective rehearsal player in the system. A large, demanding law firm representing the company could be compensated by an aggressive and demanding law firm representing the plaintiff. However, in practice, the legal representation of workers and consumers is much more fragmented and of different quality than that of companies, which can generally afford to use large and demanding business law firms to defend their cases. In a study conducted by lawyers representing parties to labour arbitration, Colvin and Pike found that 76.6 per cent of lawyers representing employers listed labour law as their primary area of practice, compared with only 56.7 per cent of lawyers representing workers.57 In addition, in this study, 54.6 per cent of employers were represented by a law firm that handled multiple cases in the study population. while only 10.7 per cent of employees were represented by a law firm that handled multiple cases. While lawyers and law firms may offer some sort of repeat offender in arbitration, this result shows that it is employers who are much more likely than workers to benefit from the representation of this type of rediture. 8. What are the legal limits of forced regulation? Arbitration can be an effective alternative mechanism for the courts to resolve many disputes. While the process system is often slow and expensive, arbitration systems can be faster and cheaper.
For example, labor arbitration has a long track record in unionized companies and is widely accepted by organized workers and employers as fair and efficient. However, for workers and consumers, the question arises as to whether mandatory arbitration procedures introduced unilaterally by companies can be as effective as courts in enforcing their legal rights. Mandatory arbitration procedures are not only a theoretical restriction of workers` and consumers` rights; it has a considerable practical impact on the ability of workers and consumers to assert their rights and win their business. The parties to the dispute may also agree on arbitration proceedings after a dispute has arisen or even after legal action has been filed. 9. My employer asks me to sign an arbitration agreement that waives my right to bring a class action. Is it legal? One area of the faculty of scruples, for which the courts are generally very sensitive, is any biased method of selecting the arbitrator. For example, if the employer retains full control over the selection of the arbitrator, most courts have found the agreement unenforceable. Unfortunately, this is still a somewhat difficult situation to discover, as employers often use seemingly neutral or independent agencies to provide arbitrators. However, in many situations, these agencies only promote their services to employers and emphasize that they are a means of controlling the cost of workers` rights.
There are also times when arbitrators do regular business with an employer and depend on that employer`s business income.