Civil Litigation,
Labor/Employment
Oct. 15, 2019
The battle for the future of arbitration
The Freedom to Contract Camp vs. the Concerned Camp





Stephen A. Rossi
Senior Associate
Mitchell, Silberberg & Knupp LLP
Phone: (310) 312-3240
Email: sar@msk.com
Stephen regularly represents clients in employment and traditional labor matters and has extensive experience litigating over arbitration agreements.
When it comes to arbitration agreements in the employment context, lawyers, judges and politicians appear to fall into two camps. There is the Freedom to Contract Camp, made up of those that believe in an individual's freedom to contract for anything that is legal, including to use arbitration to resolve employment disputes instead of court litigation. And there is the Concerned Camp (which this author imagines is called the Paternalistic Camp behind its back by the Freedom to Contract Cam...
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