Many contracts these days contain arbitration provisions where the parties agree they will not take their disputes to court, but to a third party arbitrator to decide the issues.
In injury cases, I just plain do not like arbitration. I think juries should decide whether someone has suffered an injury, not an attorney at the end of a conference table.
In Virginia non-compete employment cases, my feelings towards arbitration are mixed.
Last month, Rob Dean and myself argued that an arbitration provision in our client’s contract was not binding on our client and therefore, he was allowed to seek federal court’s opinion on the enforceability of his contract.
Here is a summary of what the court said about the arbitration clause in the non-compete contract.