Opposing arbitration sounds like a lot of work. What can I hope to gain?
First, you might be able to avoid arbitration altogether. Second, you could get the court to modify or eliminate the most unfair terms of the arbitration agreement. The most offensive terms are those that limit your right to file a claim, do discovery into it or obtain a complete remedy. Ask a court to strike those out. Argue that arbitration should only be a change in who decides the case, how it gets decided. Perhaps the most important terms to modify, however, are those involving costs. Remember that arbitration can be incredibly expensive, costing $15,000 or more just to pay the arbitrator and an arbitration service. A typical filing fee to get the case started is $1,500 or more. These costs are typically imposed on employees when they can least afford them, being after they have lost their job. If the practical effect of paying these costs will be to prevent you from pursuing your claim at all, you should ask the court to order the employer to pay them, or else let the case go for
