Can a party waive an arbitration clause in an employment agreement if there has been no prejudice to the other party? The U.S. Supreme Court says, "Yes!"
If you're considering adding an arbitration requirement to a contract, you can choose which types of disputes to leave in court and which types of disputes to ship off to private arbitration.
Arbitration is an alternative venue to court. If a party could seek a judge midcourse, there would be increased delays and expenses for all parties.
An agreement to arbitrate requires that the parties actually agree to arbitration.
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