Employment disputes have successfully been resolved by arbitration for many decades. Arbitration is an effective way to achieve speed, economy, and justice in the resolution of many types of employment disputes. Historically, arbitration has been used in Connecticut and worldwide as an alternative dispute resolution solution in comparison to litigation which can be very expensive and time consuming. Unfortunately, we are now seeing costs creeping up and longer time periods to achieve final resolution of employment arbitration disputes. The costs, however, do not have to be high and arbitration disputes should always be resolved efficiently. This article provides some suggestions on how to bring both speed and economy back to the employment arbitration process.

The parties need to first and foremost remember that the arbitration process is theirs. Unlike going to court and facing a judge and/or jury, they control and dictate the structure of the complete dispute resolution process. This includes the arbitration procedures, selection of the decision maker (i.e., the arbitrator), amount of hearings, and costs. The parties can disagree about the facts of their dispute but they should not disagree on how their arbitration case will be managed. The role of the arbitrator is to facilitate and help manage the process for the parties, a process that the parties should control through mutual agreement. The parties, therefore, must express their expectations to the arbitrator at the outset of the process. A better understanding of this fundamental component of arbitration by all interested parties, including the arbitrator, will help rein in overall costs.

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