Arbitration Essay Example | Topics and Well Written Essays - 500 words

Arbitration - Essay Example Additionally, other characteristics of arbitration are that it is a confidential process. The confidentiality of the existence of the process as well as any other disclosure made during the arbitration process is protected. Parties are allowed to restrict access to confidential information and trade secrets. Moreover, the parties are required to select the arbitrator or panel of arbitrators. The arbitrator is required to act honestly and impartially and accord each party a reasonable opportunity to present his or her case. An arbitrator is also required to implement a procedure appropriate to the situation in order to arrive at a fair decision. Agreements to arbitrate or arbitration clauses are usually divided into two types. There are clauses that are contained in contracts and provide that in case of a dispute, such dispute shall be resolved through arbitration. These contracts will be normal contracts, but with clauses to arbitrate. The other type of arbitration agreements is signed after the dispute has occurred, and the parties agree to resolve this dispute through arbitration. These later types of arbitration agreements are considered as submission agreements. Regardless of the type of arbitration agreement adopted, it is imperative that both parties consent to the process. Consent is obtained by signing contracts with arbitration clauses or signing of submission agreements. Also essential to an arbitration clause is the concept of mutuality. In Wisdom v. AccentCare (paragraph 5), the appellate court held that mutuality is vital in employment contracts and lack of mutuality renders the contract substantially and proc edurally unconscionable. The issue before the court in this case was whether an arbitration clause contained in an employment contract requiring the employee to submit all disputes to binding arbitration lack mutuality or is mutuality inferred by the language of the agreement. In AT&T Mobility v. Concepcion (paragraph b), the