In the EEOC v. Frank`s Nursery and Craft, the employee signed an application that included an agreement to settle labour disputes and limited the filing period for arbitration proceedings to six months. When the applicant was awarded for promotion, she filed a complaint with the Equal Employment Opportunity Board. Following an investigation and attempt to reconcile, the EEOC sued the defendant for compensation, compensation and punitive damages. The defendant sought summary judgment on any claim for damages, citing the applicant`s omission. The regional court asked for the accused. The special body began its analysis by noting that the Michigan legislature has expressed a strong public policy in favour of voluntary arbitration and that Michigan courts have imposed conciliation agreements in the past. The majority argued that the Michigan Arbitration Act was a strong and unequivocal endorsement of binding arbitration agreements, which explicitly excluded collective agreements and certain real estate disputes within its jurisdiction. Referring to the notion of the term unius is the exclusion of alterius (the explicit inclusion of a thing involves the exclusion of unmentioned things), the majority supported the Michigan arbitration law supported the application of pre-litigation arbitration agreements in civil law cases. Preliminary disputes can be strongly distinguished from post-litigation arbitration agreements in which two parties who have an existing dispute agree to refer the dispute to arbitration after litigation. Many of the concerns expressed by consumer advocates regarding pre-litigation arbitration are severely reduced in the definition of postal arbitration procedures, and some jurisdictions have expressed a similar view5. Most consumers, unlike businesses, rarely have access to legal counsel when dealing and are therefore unlikely to focus on the importance of relinquishing their future access to the public justice system 6 Given the arguments of Wright`s supreme courts and Martin`s decision, employers may seek a more specific language in the collective agreement to compel workers to pass on their legal rights to civil rights. However, employers must obtain union approval to amend each language in an existing collective bargaining A major advantage of pre-litigation conciliation agreements is to provide consumers, workers and other complainants with an effective means of obtaining redress for a large number of claims in which civil litigation is not practical.
Pursuing an action can be costly and tedious for everyone and may simply be an unrealistic option if an alleged violation is individualized and too modest in potential value to get legal help. Some studies suggest that: That even about 20 years ago, lawyers would often not take a case, unless the expected value of the claim was at least 60,000.1 Recent reports suggest that some plaintiff lawyers will not take a case worth less than $200,000.2 Plaintiff lawyers are also risk averse and will generally not take a case without a high probability of success.