Arbitration, as an alternative to traditional litigation, is becoming increasingly popular in many different types of conflicts, including disputes between Dallas employers and their employees. While arbitration offers many advantages – flexibility, speed, efficiency, confidentiality, and finality, to name a few – arbitration must be voluntary in order to be enforceable.
Parties may give their consent to arbitration either before or after a conflict arises. In some situations, the parties sign a contract at the beginning of their relationship, agreeing that any disputes between them later on will be arbitrated rather than litigated in the court system.
The burden of proof in a case in which one party seeks to compel arbitration and the other resists it is on the party who wants to arbitrate rather than litigate.