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Expert Analysis

Employment Cases Offer Arbitration Clause Drafting Lessons

By Allegra Lawrence-Hardy, Lisa Haldar and David Gallo ( March 24, 2026, 5:34 PM EDT) -- For many employers, arbitration is the preferred alternative to courtroom litigation in employment disputes — and for good reason. Its advantages are familiar: lower costs, greater confidentiality, a faster path to resolution and often reduced liability. But realizing these benefits depends on careful drafting. Otherwise, disputes over issues such as enforceability, governing law or venue can spill into court, creating threshold litigation before the parties ever reach arbitration....

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