Different Types of Arbitration Agreements
Arbitration agreement and gavel on a desk.
Often employees think that signing an arbitration agreement means they must comply with the terms and conditions mentioned in the clause. This is because employees are unaware of their right to fight the arbitration agreement, which leads workers to work in an environment where they are not treated well. Even though the arbitration agreement implies that one party, the employer, cannot retract himself from the contract, certain conditions might help. For example, if the employer or manager makes you sign the agreement by unethical means like lying or forcing you, you are not compelled to the contract in such a situation.
Nevertheless, if your employer forces you to abide by the clause written in the agreement, you must contact an arbitration agreement lawyer as soon as possible. An arbitration lawyer will guide you through the process and how you can claim against your employer for making you sign the contract by unethical means.
Different types of arbitration agreements
- Binding arbitration agreement
In a binding arbitration agreement, the party that forms the agreement decides the terms and conditions of the dispute, and these contracts are legally binding to all the parties involved. Anyone agreeing to the contract will be legally compelled to follow the clause mentioned. However, there might be specific ways you can challenge the agreement like if the person signing it did not intend to be compelling to those terms.
Additionally, if an employer tries to force the agreement on an employee by unethical means, it can be challenged in court. So make sure you verify all the details before making any decisions and consult a lawyer when dealing with a binding arbitration agreement.
In such cases, a binding arbitration agreement controls business disputes, where the parties might threaten their partner to exploit their company or resources. These contracts are generally known as arbitration agreements in corporate and business settings.
- Non-binding arbitration agreement
A non-binding agreement is a contract where all the parties involved are not legally binding to comply with the terms. Even though the parties might have signed a non-binding arbitration agreement, it is not entirely final that they have to follow the clauses mentioned in the contract. Moreover, a court cannot force the parties to complete the agreement in the arbitration contract.
In a non-binding arbitration agreement, the arbitrator, the person who forms the contract, cannot compel the person to agree unless the other parties willingly accept the terms and conditions.
