Arbitration is a form of alternative dispute resolution (ADR) that is increasingly being used for workplace disputes instead of going through the public courts and tribunals. There are several reasons that you may elect to use arbitration in the workplace context:

• Unlike mediation, where parties seek a compromise without being required to settle, arbitration delivers a binding decision determined by a neutral third-party arbitrator with limited grounds for appeal.
• The arbitral process is conducted in private and is highly confidential, unlike other civil litigation or employment disputes which are fought in open court.
• Arbitration often provides the possibility to engage a neutral arbitrator of choice with subject-specific expertise.
• The parties generally have greater flexibility in deciding the venue, language, and both the choice and number of arbitrators.

However, there are certain occasions on which arbitration is not appropriate. For example, arbitration is not available in the context of statutory claims which are required to proceed through the employment tribunals in accordance with open justice principles. This also applies to unfair dismissal and discrimination cases.

Arbitration also often comes with greater costs, as a result of needing to pay arbitrator fees, administrative costs and potential venue charges, which is a relevant factor to consider before progressing down this route.

Our experienced team can advise on whether arbitration is an option, or indeed required to resolve your workplace dispute. We will guide you through any legal and strategic considerations before supporting you through the full arbitral process, drawing on our experience in handling complex employment and partnership disputes.