The court compelled an employee of a securities firm to arbitrate his claim under the Age Discrimination in Employment Act where the employee had signed a securities industry registration application containing an arbitration clause. The court suggested that claims under other civil rights statutes were arbitrable. It held that an employee seeking to avoid an arbitration agreement bears the burden of proving that the statute under which the suit is brought does not allow arbitration. Several courts have cited these provisions in holding that an agreement lawfully can mandate arbitration of claims under the ADA and Title VII of the Civil Rights Act of 1964. ADR has many advantages over conventional litigation.
Reduced litigation is a principal advantage.
ADR typically resolves disputes faster than litigation. In the case of arbitration, it gives finality because arbitration awards rarely are appealable. A quick, inexpensive resolution of a dispute can be advantageous to both employees and employers. ADR also allows the parties to tailor the procedures used during the ADR process, such as controlling the amount and type of discovery and remedies available. Because ADR is a private dispute resolution process, parties can more easily maintain the confidentiality of business, personal and medical information.